R.Elumalai v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.ELUMALAI .. Petitioner Vs 1 THE GOVERNMENT OF TAMIL NADU REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE SECRETARIAT FORT ST. GEORGE CHENNAI - 9.
2 THE DISTRICT COLLECTOR (VILLUPURAM) COLLECTOR OFFICE ROAD MOOVENDAR NAGAR, VILLUPURAM TAMIL NADU - 605 602.
3 THE TAHSILDAR MELMALAIYANUR VATTAM VILLUPURAM DISTRICT TAMIL NADU - 604 204.
4 ARJUNAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd and 3rd respondents to take appropriate action in a manner known to law to remove the illegal encroachment and unlawful constructions put up by
the 4th respondent over the government lands and irrigation canal abutting the property Survey No.222, Sub Division No. 16 of Theppirampattu Village.
For the Petitioner : Mr.Anish Gopi for M/s.P.B.Ramanujam Associates For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.Anish Gopi, learned counsel for the petitioner; and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3.
2. Learned State Government Pleader, on instructions, submits that the authorities have already taken action with regard to the encroachments in Survey No.222/17, as the same is an irrigation canal.
3. Learned counsel for the petitioner submits that no action is taken in respect of the pathway. It is submitted that on 30.6.2023,
the Block Development Officer had requested the Melmalaiyanur Panchayat Union to allot the path in Survey No.104 for the petitioner, however the same is not yet allotted.
4. Learned State Government Pleader submits that the Melmalaiyanur Panchayat Union shall consider the communication dated 30.6.2023 issued by the Block Development Officer with regard to allotting the path in Survey No.104 and take a decision within three months from today.
In the light of that, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.482 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 10.01.2024 Index :
Yes/No Yes/No sasi
To:
1 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU DEPARTMENT OF REVENUE SECRETARIAT FORT ST. GEORGE CHENNAI - 9.
2 THE DISTRICT COLLECTOR (VILLUPURAM) COLLECTOR OFFICE ROAD MOOVENDAR NAGAR, VILLUPURAM TAMIL NADU - 605 602.
3 THE TAHSILDAR MELMALAIYANUR VATTAM VILLUPURAM DISTRICT TAMIL NADU - 604 204.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 10.01.2024