S.Sampoornam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. Nos.32509 & 32513 of 2019 and W.M.P.Nos.32844 & 32849 of 2019 S.Sampoornam ... Petitioner in W.P.No.32509 of 2019 P.Padmavathy ... Petitioner in W.P.No.32513 of 2019 Vs.

1.The Commissioner Corporation of Erode, Erode.

2.Assistant Commissioner, Zone-3, Corporation of Erode, Erode.

... Respondents in both the W.P's Common Prayer:Writ Petitions are filed under Article 226 of Constitution of India, for issuance of writ of Certiorari, calling for the records of the 2nd respondent in Na.Ka.No.E2/213/2019 dated 15.11.2019 and quash the same. For Petitioner : Mr.T.Gowthaman (in both W.P's) Senior Counsel for Mr.U.Gokulakrishnan For Respondents : Mr.M.Rajamathivanan (in both W.P's) Standing Counsel Page No.1 of 5

C O M M O N O R D E R (Order of the Court was made by S.M.SUBRAMANIAM,J.) The notice issued under Section 186(1) of Erode Corporation Act, dated 15.11.2019 is under challenge in the present writ proceedings. 2.

The petitioners were identified as encroachers of water body. To remove the encroachments in water bodies, writ petitions in W.P.Nos.27864 & 27865 of 2017 were instituted and this Court passed an order on 29.11.2018, directing the Authorities to consider the petitions and to provide opportunity to the writ petitioners. Pursuant to the directions, the representations submitted by the writ petitioners were considered and the Authorities during inspection found that the petitioners are the encroachers in the water body. Thus, the impugned notice dated 15.11.2019 has been issued. 3.

Mr.T.Gowthaman, learned Senior Counsel for the petitioners would contend that the petitioners are in possession of certain documents to establish that they are Patta holders. However, Mr.M.Rajamathivanan, learned Standing Counsel for the respondents would oppose the contention of the Page No.2 of 5

petitioners by stating the Authorities have verified the Revenue Records and identified the encroachments in water bodies. 4.

That being the factum, this Court is not inclined to entertain the writ petitions. However, the petitioners are at liberty to submit their objections along with the documents if any, within a period of 10 days from today i.e. 27.02.2024. On receipt of any such objections, a final decision is directed to be taken by the respondents and thereafter remove the encroachments from water bodies without causing any undue delay. The said exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

5.

Accordingly, both the Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 27.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 5

To 1.The Commissioner Corporation of Erode, Erode.

2.Assistant Commissioner, Zone-3, Corporation of Erode, Erode.

S.M.SUBRAMANIAM,J.

Page No.4 of 5

AND K.RAJASEKAR,J.

veda Order in W.P. No.32509 & 32513 of 2019 27.02.2024 Page No.5 of 5