K.Umasankar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Umasankar ..

Petitioner Vs.

1. The Commissioner Thirukovilur Municipality

2. The Revenue Divisional Officer

3. The Tahsildar

4. The Executive Engineer Public Works Department Water Source and Irrigation Division Santhapettai, Thirukovilur.

5. The Assistant Engineer Operation and Maintenance Tamil Nadu Electricity Board Thirukoilur Town, Kallakurichi District.

6. R.Annamalai ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 herein to take appropriate action to remove the illegal encroachments in the water bodies namely Sitherian Vaikkal at S.No.144 and Aviyuran Vaikkal at S.No.181/1 and in government poramboke land at S.No.218 made by the 6th respondent by considering the petitioner representation dated 06.04.2022 followed by the proceedings of the 1st respondent dated 08.06.2022 in Na.Ka.No.A2/103/2022. For the Petitioner : Mr.C.Jagadish For the Respondents : Mr..P.Mauriya Standing Counsel for Respondent-1 Mr.K.Karthik Jegannath Government Advocate for Respondents 2 to 4 Mr.P.Vasanth for Respondent-6 No appearance for Respondent-5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Jagadish, learned counsel for the petitioner, Mr.K.Karthik Jegannath, Mr.L.P.Mauriya, learned Standing Counsel for the first respondent, learned Government Advocate for the

respondents 2 to 4 and Mr.P.Vasanth, learned counsel for the sixth respondent.

2. Learned Government Advocate submits that the concerned Government official would conduct survey in respect of the subject writ land within a period of four months from today. If, upon survey, encroachment is found, then, action, in accordance with the Land Encroachment Act, would be undertaken immediately.

3. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 02.04.2024 Index :

Yes/No :

Yes/No kpl To

1. The Commissioner Thirukovilur Municipality

2. The Revenue Divisional Officer

3. The Tahsildar

4. The Executive Engineer Public Works Department Water Source and Irrigation Division Santhapettai, Thirukovilur.

5. The Assistant Engineer Operation and Maintenance Tamil Nadu Electricity Board Thirukoilur Town, Kallakurichi District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 02.04.2024