Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector District Collector Office, Namakkal.

2. The Tahsildar Tahsildar, Namakkal District.

3. The Executive Officer Athanur Municipality, Athanur Namakkal District.

4. K.Murugesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to take appropriate action to remove the encroachment caused over the water channel existing in S.F.Nos.4/1, 44/2, 44/4 of Athanur Ayipalayam Village, Namakkal District.

For the Petitioner : Ms.D.Jeevitha for Mr.R.Nalliyappan For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.D.Jeevitha, learned counsel appearing for Mr.R.Nalliyappan, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 3.

2. The petitioner alleges encroachment on the water channel.

3. Learned counsel for the petitioner submits that though the A-register shows the land to be a barren land, the FMB sketch demonstrates the same as a water channel.

4. Learned Special Government Pleader submits that on 10.01.2024, inspection has been fixed and the authorities concerned would inspect/survey the property and depending upon the survey report, further steps, in accordance with law, would be undertaken.

5. In view 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.) 04.01.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector District Collector Office, Namakkal.

2. The Tahsildar Tahsildar, Namakkal District.

3. The Executive Officer Athanur Municipality, Athanur Namakkal District.

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

(drm) 04.01.2024