P.Karupaiya v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN P.Karupaiya ... Petitioner Vs.

1. The Commissioner, Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai-05.

2. The District Collector, Collectorate Office, Cuddalore District.

3. The District Revenue Officer, Collectorate Office, Cuddalore District.

4. The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi District.

5. The Tahsildar, Tittagudi Taluk Office, Cuddalore District.

6. The Village Administrative Officer, Village Administrative Office, Kazhudur Village, Tittagudi Taluk, Cuddalore District 606 304.

7. The Block Development Officer,

Mangalore Panchayath Union Office, Cuddalore District 606 108.

8. A.Rajamanikkam ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India seeking issuance of a writ of mandamus, directing the respondents to remove the encroachment made in the water body land comprised in survey No.206, 214, 215, 218, 219, 220, 222, 226, 254, 255, 261, 263, 264, situated at Kazhudur Village, Tittagudi Taluk, Cuddalore District, by considering the petitioner's representation dated 19.08.2024, as per law, within time limitation.

For Petitioner : Mr.D.Muthuselvam For Respondents : Mr.K.Karthik Jagannath, Govt. Advocate for respondents 1 to 7.

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking direction to the respondents to remove the encroachment made in the water body land comprised in survey No.206, 214, 215, 218, 219, 220, 222, 226, 254, 255, 261, 263, 264, situated at Kazhudur Village, Tittagudi Taluk, Cuddalore District, by considering the petitioner's representation dated 19.08.2024, as per law,

within time limitation.

2.Mr.K.Karthik Jagannath, learned Government Advocate takes notice for the respondents 1to 7 and submitted that based on representation of the petitioner, action has been initiated and survey has been conducted and the Tahsildar concerned would take appropriate decision for removal of the encroachment.

3. Considering the submission made by the learned Government Advocate, without expressing any opinion on merits, the authorities concerned are directed to take action for removal of the encroachment made in subject matter of the property, after providing opportunities to all the interested parties and also by following the due process of law, within a period of four months from the date of receipt of a copy of this order.

4. The writ petition is disposed of accordingly. There shall be no order as to costs.

(D.K.K., A.CJ.) (M.J.R.J.)

25.09.2024 Internet: Yes/No Index : Yes/No mst To

1. The Commissioner, Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai-05.

2. The District Collector,Collectorate Office, Cuddalore District.

3. The District Revenue Officer,Collectorate Office, Cuddalore District.

4. The Revenue Divisional Officer, Revenue Divisional Office, Kallakurichi District.

5. The Tahsildar, Tittagudi Taluk Office, Cuddalore District.

6. The Village Administrative Officer, Village Administrative Office, Kazhudur Village, Tittagudi Taluk, Cuddalore District 606 304.

7. The Block Development Officer, Mangalore Panchayath Union Office, Cuddalore District 606 108.

THE HON'BLE ACTING CHIEF JUSTICE and M.JOTHIRAMAN , J.

mst 25.09.2024