N.Ravichandran v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 01-09-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.25748 of 2023 N.Ravichandran ...
Petitioner -vs1.The District Collector, Kallakurichi, District Collectorate, Kallakurichi District.
2.The District Revenue Officer, District Collectorate, Kallakurichi District.
3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kallakurichi District.
4.The Revenue Tahsildar, Taluk Office, Chinnasalem, Kallakurichi District.
5.The Executive Officer, Town Panchayat (Special Grade), Chinnasalem, Kallakurichi District.
...
Respondents
2/6 Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to consider and dispose of the petitioner's representation, dated 03.04.2023, and consequently direct the respondents to survey the Survey No.401 of the stream in Chinnasalem (South), Chinnasalem Taluk, Kallakurichi District, as per the revenue records and to remove the butching shop and encroachments made in it so that the farmers and public would be benefited from the stream.
For Petitioner : Mr.K.Vijayaragavan For Respondents : Mr.P.Muthukumar, State Govt.Pleader.
ORDER
(By S.Vaidyanathan,J.) Petitioner has come forward with this petition, seeking for a direction to the respondents to consider and dispose of the petitioner's representation, dated 03.04.2023, and consequently direct the respondents to survey the Survey No.401 of the stream in Chinnasalem (South), Chinnasalem Taluk, Kallakurichi District, as per the revenue records and to remove the butching shop and encroachments made in it so that the farmers and public would be benefited from the stream.
2. Mr.P.Muthukumar, learned State Government Pleader, appearing for the respondents, has produced a communication of the Revenue Tahsildar, Chinnaselam, fourth respondent herein, dated 31.08.2023, which is scanned below :
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3. It appears, there are encroachments in the area in question and the same have got to be removed. However, the petitioner has not made the encroachers as parties to this Writ Petition. We are not rendering any finding against the persons, who are occupying the place, in the present Writ Petition. However, it is for the authorities to conduct a survey and, after conducting the survey and affording an opportunity to the persons, who have occupied the Survey Nos.400 and 401 of the stream in Chinnasalem (South), remove the encroachments.
4. According to Mr.Muthukumar, both the above said Survey Numbers are in water-body and there cannot be any encroachment by anyone. He further submits that after issuing notice to the persons concerned, the authorities would remove the encroachments.
5. We make it very clear that the authorities are to adhere to the mandatory directions given by the Madurai Bench of this Court in W.P.MD.No.16120 of 2023, dated 30.08.2023, failing which they will have to face the consequences. The above exercise is to be carried out within a period of three months from the date of receipt of a copy of this order. In case encroachments are found and encroachers resist their removal, necessary assistance may be taken by the authorities from local police for the said purpose.
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6. Writ Petition is disposed of accordingly. No costs. Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 01-09-2023 dixit To 1.The District Collector, Kallakurichi, District Collectorate, Kallakurichi District.
2.The District Revenue Officer, District Collectorate, Kallakurichi District.
3.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kallakurichi District.
4.The Revenue Tahsildar, Taluk Office, Chinnasalem, Kallakurichi District.
5.The Executive Officer, Town Panchayat (Special Grade), Chinnasalem, Kallakurichi District.
6/6 S.VAIDYANATHAN,J.
AND K.RAJASEKAR,J.
dixit W.P.No.25748 of 2023 01-09-2023