Madras High CourtWP/29621/2023disposed of

E.Parasuraman v. The District Collector

2023-10-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY E.Parasuraman ..

Petitioner Vs.

1. The District Collector Vandavasi Taluk Thiruvannamalai District.

2. The District Revenue Officer O/o. District Revenue Officer, Vengikkal Thiruvannamalai District.

3. The Assistant Director (Rural Development), Cheiyar Division Vandavasi Taluk Thiruvannamalai District.

4. The Revenue Divisiional Officer O/o. Revenue Divisional Officer, Cheiyar

5. The Tahsildar Vandavasi Taluk Thiruvannamalai District.

6. The Commissioner Panchayat Union, Thellar

7. The Block Development Officer Panchayat Union, Thellar Vandavasi Taluk, Thiruvanammalai District.

8. Selvam

9. Elumalai ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 7 particularly the respondents 5 to 7 to take necessary action to remove the encroachments made into the Government Neernilai Periya Eri (lake), situated at Pancharai Village, Vandavasi Taluk, Thiruvannamalai District, comprised in S.No.53, on the basis of the petitioner's representation dated 31.08.2023.

For the Petitioner : Mr.R.Thanjan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 to 7

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Thanjan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 7.

2. Learned State Government Pleader, on instructions, submits that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, hereinafter referred to as "the Act of 1905") was issued on 01.09.2022, thereafter the order under Section 6 of the Act of 1905 was passed on 16.11.2022.

3. It is observed that the order under Section 6 of the Act of 1905 is passed by the Block Development Officer, who is has no authority for the same.

4. Learned State Government Pleader submits that fresh action

would be taken by the Competent Authority against the encroachers, in accordance with law, within a period of four months from today.

5. In view of that, the writ petition, as such, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

Yes/No :

Yes/No drm