Madras High CourtWP/33364/2022disposed of

K.Pitchandi v. The District Collector

2023-08-07Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. K.Pitchandi

2. R.Mohan

3. M.Parthasarathy

4. E.Venkatesan

5. V.Sagunthala ..

Petitioners -vs1. The District Collector Chengelput District - 603 001.

2. The Tahsildar Cheyyur Taluk Pin-60 302.

3. The Block Development Officer Sithamur,Cheyyur Taluk Pin-603 309.

4. The President Kolathur Village and Panchayat Cheyyur Taluk, Pin-603 310.

5. Manohar

6. Kumar

7. Purushothaman

8. Gnanam

9. Ambika

10.The Assistant Engineer Water Resources Wing Public Works Department Accharapakkam - 603 301.

(R10-impleaded vide order dated 07.08.2023 made in W.M.P.No.32792 of 2022) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the the respondents 1 to 4 to forbear the respondents 5 to 9 from unlawfully encroaching upon the lake, sinking unauthorized bore wells, installing motor pumps for drawing water and carrying on commercial farming activities such as paddy and casuarina cultivation at Survey No.68, Kolathur Village, Cheyyur Taluk, Chengleput District well inside the lake for their private gains at the cost of general public good and consequentially direct the respondents 1 to 4 to initiate action. For the Petitioners :

Mr.N.V.N.Margandeyan For the Respondents :

Ms.R.Anitha (R1 to R3) Special Government Pleader No appearance (R4 to R6) R7 - Not ready in notice

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.N.V.N.Margandeyan, learned counsel for the petitioners and Mrs.R.Anitha, learned Special Government Pleader for the first to third respondents.

2. Learned Special Government Pleader for the first to third respondents, on instructions, submits that Form Nos. II and III are already issued to the encroachers on 01.03.2023 and thereafter, show cause notices have been issued and in 4 to 6 weeks further steps would be undertaken.

3. In view of the statement made by learned Special Government Pleader, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 07.08.2023 3/3 Index : yes/no : Yes/No Maya

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) To:

1. The District Collector Chengelput District - 603 001.

2. The Tahsildar Cheyyur Taluk Pin-60 302.

3. The Block Development Officer Sithamur,Cheyyur Taluk Pin-603 309.

4. The President Kolathur Village and Panchayat Cheyyur Taluk, Pin-603 310.

5. The Assistant Engineer Water Resources Wing Public Works Department Accharapakkam - 603 301.

07.08.2023