R.Vignesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.690 of 2017 R.Vignesh .. Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Peravoorani Taluk Office, Peravoorani, Thanjavur District.

4.The Junior Engineer, Public Works Department, Kallanaikanvai Division, Peravoorani Taluk, Thanjavur District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to remove the encroachments made on the Kandikulam eastern side lake bed situated at Peravoorani Taluk, comprised in Survey No.1/1 on the basis of petitioner's representation dated 31.12.2016 within the time stipulated by this Court.

For Petitioner : Mr.R.Venkateshwar For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments alleged to have been made in Survey No.1/1, No.II, Renganayagipuram Village, Peravoorani Taluk, Thanjavur District, by way of issuing a writ of mandamus.

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2.It is averred in the petition that the petitioner is a resident of Mavadukurichi West Village, Peravoorani Taluk, Thanjavur District. Further it is averred in the petition that in Renganayakipuram Village Survey No.1/1 has been classified as a tank, wherein certain encroachments have been made. Under the said circumstances, a representation has been given on 31.12.2016. But the same has not been considered and therefore the present writ petition has been filed.

3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

4.It is seen from the records that Survey No.1/1 in Renganayagipuram Village has been classified as Kandikulam @ Kandiyarkulam. Considering the nature of classification made in respect of Survey No.1/1 and also considering the averments made in the writ petition, the following order can be passed. 5.In fine, this writ petition is allowed without costs and the respondents are strictly directed to remove alleged encroachments made in Survey No.1/1, Renganayakipuram Village within a period of one month under due process of law. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Peravoorani Taluk Office, Peravoorani, Thanjavur District.

4.The Junior Engineer, Public Works Department, Kallanaikanvai Division, Peravoorani Taluk, Thanjavur District.

+1CC to M/S.R.Venkateshwar, Advocate, SR.No. 2965 +1CC to the Special Government Pleader, SR.No. 2780 ORDER MADE IN W.P(MD)No.690 of 2017 12.01.2017 smn AM/RR-ME/SAR-2/24.01.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/