S.Valli v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Valli .. Petitioner Vs 1 The District Collector Tiruvannamalai District Tiruvannamalai.

2 The District Revenue Officer Tiruvannamalai.

3 The Revenue Divisional Officer Tiruvannamalai.

4 The Assistnat Director (Panchayats) Tiruvannamalai.

5 The Thasildhar Tiruvannamalai.

6 The Block Developemnt Officer Tiruvannamalai Union Vengikkal Tiruvannamalai.

7 Ramar 8 R.Veerabathira 9 R.Arjunan 10 A.Illayaperumal 11 M.Manohara 12 G.Ganthi 13 Dhandapani 14 Chinnasamy 15 Kadirvelu 16 Arumugam 17 Sakar 18 Palani, S/o.Elumalai 19 Kasthuri 20 Kamachi 21 Ramesh 22 Murugan, S/o.Appavu 23 Raman 24 Murugan, S/o.Raman 25 Kumar, 26 S.Santhakumar 27 Seetu 28 Ravi, S/o.Kannan 29 Lakshmi 30 Jai Ganeshnan 31 Kalliammal 32 Moorthi 33 Selvan 34 Vinayagam 35 Kalaimani 36 Sanmugasundaram 37 Kamaraj 38 Rangasamy 39 Sivakumar 40 Suresh 41 Jayaraman 42 Samynathan, S/o.Chinnapayan 43 Pugalenthi 44 Poovaragavan

45 Meenatchi 46 Sivan 47 Muniyammal 48 Sentharamani 49 Raja 50 Kuppu 51 Shankar 52 Ravi , S/o.Raman 53 Maheswari 54 Kullachi 55 Amavasai 56 Selvam 57 Chandrasekar 58 Arumugam 59 Palani, S/o.Kariyan 60 Samynathan, S/o.Mannu 61 Saroja 62 Chandira 63 G.Kumar, S/o.Govindasamy 64 M.Velu, S/o.Murugesan 65 Anjalai 66 Virunthambal 67 M.Velu, S/o.Munusamy 68 K.Rajeshwari .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachments in Survey No.77/1 and 20/1 waterbody and S.No.28/1 and 2 lake situated at Keezhnachipattu Village, Tiruvannamalai Taluk and District.

For the Petitioner : Mr.N.Suresh For the Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondent Nos.1 to 5 : Mr.P.Muthukumar State Government Pleader for respondent No.6

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) S.Valli, wife of Subramaniam, resident of No.79/12, Perumal Koil Street, So.Keezhnachipattu Village, Tiruvannamalai Taluk, has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the official respondents to remove the encroachments made in Survey Nos.77/1, 20/1, 28/1 and 28/2 situated at Keezhnachipattu Village, Tiruvannamalai Taluk.

2. In support of the prayer, learned counsel for the petitioner, drawing our attention to a copy of the "A" Register, submitted that

the lands covered in Survey Nos.20/1, 28/1 and 28/2 have been classified as "Eri" and Survey No.77/1 has been classified as "Channel". If the encroachments made in the said Eri and Channel are not removed, the entire area will turn into a residential colony. If immediate action is not taken, during rainy season, the water cannot be stored in the Eri and the people in the locality, including farmers, will face difficulty during summer season on account of water shortage. Therefore, the petitioner has been advised to file the present writ petition.

3. At this stage, Mr.J.Ravindran, learned Additional Advocate General, and Mr.P.Muthukumar, learned State Government Pleader, taking notice on behalf of the respective official respondents, submitted that since there are 63 encroachments over the land in question, sufficient time may be granted to the official respondents to remove the encroachers, after conducting a survey.

4. Recording the submission made by learned Additional Advocate General and learned State Government Pleader, the writ

petition is disposed of with a direction to the respondent authorities to conduct a survey of the lands in question with the assistance of the jurisdictional Surveyor and remove the encroachments found in the Eri and Channel in question, within a period of twelve weeks from the date of receipt of a copy of this order, after giving notice to the encroachers and in accordance with law. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 05.01.2023 Index : Yes/No bbr

To:

1 The District Collector Tiruvannamalai District Tiruvannamalai.

2 The District Revenue Officer Tiruvannamalai.

3 The Revenue Divisional Officer Tiruvannamalai.

4 The Assistnat Director (Panchayats) Tiruvannamalai.

5 The Thasildhar Tiruvannamalai.

6 The Block Developemnt Officer Tiruvannamalai Union Vengikkal Tiruvannamalai.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 05.01.2023