M.Ramanathan v. The District Collector
1 W.P.(MD).No.11959 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2020 CORAM :
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD).No.11959 of 2020 M.Ramanathan ... Petitioner Vs.
1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Trichy District.
3.The Executive Engineer, Public Works Department, Trichy District, Trichy.
4. The Revenue Divisional Officer, Trichy District, Trichy.
5.The Revenue Inspector, Trichy Corporation, Trichy District.
6.M.Pitchai Muthu ... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove any encroachment made by the sixth respondent in S.F.No.191/1 and keep the vaari free of any encroachment based on the representation, dated 17.08.2020 thereon. For Petitioner :
Mr.B.Prasanna Vinoth For R1 to R5 :
Mr.B.Bagavathi Government Advocate
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN,J.) The learned counsel appearing for the petitioner would submit that the writ petition is styled as a Public Interest Litigation by a resident of Pasumai Nagar, Air Port, Trichy Town and there exists
2 W.P.(MD).No.11959 of 2020 a Government Poramboke land (classified as Vaari Poramboke) comprised in S.F.No.191/1 ad-measuring to an extent of 5 acres, which is located behind the residence of the petitioner and according to him, it is classified as "water stream/water way" in the records and it is also under the control of Public Works Department.
2. The primordial grievance expressed by the petitioner is that the sixth respondent putting up a compound wall on a portion of the land in S.F.No.191/1 and in this regard, a representation dated 17.08.2020, was also given and despite receipt and acknowledgement, no steps have been taken to address the grievance expressed by the petitioner and therefore, the present writ petition is filed.
3. Heard the submission of Mr.B.Prasanna Vinoth, learned counsel appearing on behalf of the petitioner and Mr.R.Murugan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 5.
4. It is the submission of the learned Additional Government Pleader that the encroachment caused upon the S.F.No.191/1 admeasuring to an extent of 0.56.5 ares have been removed by resorting to due process of law and also submitted a communication to the Revenue Inspector, Tiruchirapalli South Part, Tiruchirapalli East Zone, vide communication in mjpK279/20, dated 03.09.2020, and the learned Additional Government Pleader on instructions would submit that there will not be any re or fresh encroachment on the said land in question.
5. The above cited communication with supporting documents submitted by the learned Additional Government Pleader appearing for the respondents 1 to 5 is taken on file and recorded.
6. In the light of the same, no further orders are necessary in this writ petition and it stands closed. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) akv Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
3 W.P.(MD).No.11959 of 2020 To 1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Trichy District.
3.The Executive Engineer, Public Works Department, Trichy District, Trichy.
4. The Revenue Divisional Officer, Trichy District, Trichy.
5.The Revenue Inspector, Trichy Corporation, Trichy District.
+1 CC to M/s.B. PRASANNA VINOTH, Advocate ( SR-17487[F] dated 18/09/2020 ) +1 CC to M/s.GP ( SR-17580[F] dated 21/09/2020 ) W.P.(MD).No.11959 of 2020 18.09.2020 SRK(CO) AP(30/09/2020) 3 P 8C