Mr.K.Swaminathan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ K.Swaminathan .. Petitioner -vs1. The State of Tamil Nadu, Rep. by its Principal Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai 600 009.
2. The District Collector, Cuddalore District, Cuddalore 607 001.
3. The Revenue Divisional Officer, Cuddalore, Cuddalore District.
4. The Thasildhar, Kuruinjipadi, Cuddalore District.
5. The Thasildhar, Bhuvanagiri Taluk,
6. The Superintending Engineer, Public Work and Water Resources Department,
7. The Assistant Executive Engineer, Public Work and Water Resources Department, Paravanaru River Irrigation Sub-Division, Kurinjipadi, Cuddalore District.
8. The Assistant Engineer, Paravanaru River Irrigation Section-I, Kurinjipadi, Cuddalore District.
9. The General Manager, NLC India Ltd., Neyveli, 10.The District Superintendent of Police, Cuddalore District, Cuddalore 607 001.
11. S.Muruganatham
12. S.Rajasakar
13. A.Saravanan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus in the nature of Public Interest Litigation directing the respondents 1 to 10 to remove the illegal encroachments in the water body namely Allikulam Stream, situated in Survey No.65, 66/2 In Kumudimoolai Village, Bhuvanagiri Taluk and Survey Nos.252, 245, 222, 221 in Adoor Agaram Village Kurinjipadi Taluk, Cuddalore District.
For Petitioner :
Mr.S.Senthamizhan For Respondents :
Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.M.Habeeb Rahman, Govt. Advocate for RR 1 to 8 :
Mr.A.Gokulakrishnan Addl. Public Prosecutor for R-10.
* * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Mr.Prabakar states that petitioner's representation has been considered and certain individuals are cultivating paddy in the 'Allikulam' stream and notices have been issued to those individuals which included respondents 11, 12 and 13 to remove those encroachments. Mr.Prabakar states that a copy of the same shall be made available to petitioner and notice of any survey will also be given to petitioner so that petitioner can also witness the removal of encroachments. Mr.Prabakar states that survey will also be conducted in the presence of the alleged encroachers to ascertain the ground reality. A further assurance is given to the Court that the survey notice will be given and survey will be conducted before
14.03.2025 and encroachments will be removed following due process on or before 31.05.2025. Statement accepted as an undertaking to this Court. In view of the above, petition is disposed of. There shall be no order as to costs.
(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 06.03.2025 Index : Yes/No : Yes/No sra To
1. The Principal Secretary to Govt. of Tamil Nadu, Revenue and Disaster Management Department, Fort St. George, Chennai 600 009.
2. The District Collector, Cuddalore District, Cuddalore 607 001.
3. The Revenue Divisional Officer, Cuddalore, Cuddalore District.
4. The Thasildhar, Kuruinjipadi, Cuddalore District.
5. The Thasildhar, Bhuvanagiri Taluk,
6. The Superintending Engineer, Public Work and Water Resources Department,
7. The Assistant Executive Engineer, Public Work and Water Resources Department, Paravanaru River Irrigation Sub-Division, Kurinjipadi, Cuddalore District.
8. The Assistant Engineer, Paravanaru River Irrigation Section-I, Kurinjipadi, Cuddalore District.
9. The District Superintendent of Police, Cuddalore District, Cuddalore 607 001.
The Hon'ble Chief Justice and Mohammed Shaffiq, J.
(sra) 06.03.2025