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Madras High CourtWP/730/2024disposed of

B.Subramanian v. The District Collector

2024-01-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Collectorate, GST Road Chengalpattu - 631 501.

2. The District Revenue Officer VOC Nagar, Chengalpattu - 603 001.

3. The Tahsildar Thirukazhukundram Taluk Chengalpattu District - 603 109.

4. The Ministry of Defense The Government of India The Office of the Defense Estate Office Teynampet, Chennai - 600 018.

5. The Commissioner of Land Administration The Government of Tamil Nadu Ezhilagam Building, Chennai.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 3rd respondent to remove the encroachment made in the water bodies (which is a lake) put by the 4th respondent in S.No.429 of Manamai Village and to direct the 3rd respondent to grant pathway to reach the petitioner's land for doing agricultural operations in the Kadambadi Village situated at S.No.42/3/A Thirukkalukundram Taluk, Chengalpet District. For the Petitioner : Ms.Thenmozhi Shivaperumal For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3 and R5 Mr.S.Diwakar Central Govt. Standing Counsel for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Thenmozhi Shivaperumal, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3 and 5 and Mr.S.Diwakar, learned Central Government Standing Counsel for respondent 4.

2. Learned counsel for the petitioner submits that the fourth respondent has encroached upon the land in S.No.429 of Manamai Village.

3. The petitioner may approach the appropriate Committee constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022. If an application/representation is filed by the petitioner before the Committee, then the Committee shall take a decision on the said application/representation on its own merits, after following the principles of natural justice, preferably within a period of six months from the date of the application/representation.

4. In light of the above, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Collectorate, GST Road Chengalpattu - 631 501.

2. The District Revenue Officer VOC Nagar, Chengalpattu - 603 001.

3. The Tahsildar Thirukazhukundram Taluk Chengalpattu District - 603 109.

4. The Ministry of Defense The Government of India The Office of the Defense Estate Office Teynampet, Chennai - 600 018.

5. The Commissioner of Land Administration The Government of Tamil Nadu Ezhilagam Building, Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 12.01.2024