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Madras High CourtWP/31042/2018disposed of

K.Nanjappan v. The District Collector

2023-11-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Nanjappan : Petitioner versus 1.The District Collector, Salem District 2.The Tahsildar, Omalur, Salem District 3.The Tahsildar Kadayampatti, Salem District 4.Shivakumar 5.The Block Development Officer, Omalur, Salem District : Respondents (R-5 impleaded vide order dated 01.04.2019 in WMP No.10391 of 2019) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to take appropriate action to remove the encroachment over the water channel existing at S.Nos.328/1, 5, 363/7, 382/2, 3, 5, 6, 383/3, 4, 5, 7, 381/1, 384/6, 385/1, 306/2, 300/1, 298/5 and 301/1 at

Thumbipadi Village, Salem District within an appropriate time. For the Petitioner :

Ms.N.Premalatha For Respondent 1 to 3 :

Mrs.R.Anitha, Spl.G.P.

For Respondent No.4 :

Mr.A.Saravanan

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.N.Premalatha, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 3 and Mr.A.Saravanan, learned counsel for the fourth respondent.

2. Encroachment is alleged on a waterbody. Report of the Tahsildar, Kadayampatti, Salem District is placed on record. It is stated in the report that there is no permanent superstructure of encroachment, and only a small portion of land exists as agricultural encroachment and the same was removed in the year 2021 on the basis of the representation made by the petitioner.

3. In view of the same, the purpose of the writ petition stands served. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Salem District 2.The Tahsildar, Omalur, Salem District 3.The Tahsildar, Kadayampatti, Salem District 4.The Block Development Officer, Omalur, Salem District

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

(tar) 01.11.2023