Jeyabalan.D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD D.Jeyabalan ... Petitioner -vs1.The District Collector Theni District 2.The Revenue Divisional Officer Periyakulam Theni District 3.The Tahsildar Aundipatti Taluk Theni District 4.The Assistant Executive Engineer PWD and Water Resources Organization Manjalaru Sub Division Basin Old G.H.Road, Theni 5.The Block Development Officer Aundipatti Panchayat Union Aundipatti, Theni District

6.Chellachamy 7.Jeyabalan 8.Sivakumar 9.Arjunan 10.Jeyaraman 11.Kumar 12.Balu 13.Ashokkumar 14.Prakash 15.Yokkiam 16.Ravi 17.Suresh 18.Pandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 18 in the water course (Odai) in Survey Nos.159/1 and 164/1 of Thimmarasannaickanur Bit-I Village, Aundipatti Taluk, Theni District, based on the petitioner's representation dated 09.09.2022.

For Petitioner :

Mr.Raja Mohan.R.

For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R4 Mr.P.Thilakkumar Government Pleader for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, takes notice for the respondents 1 to 4 and Mr.P.Thilakkumar, learned Government Pleader, takes notice for the fifth respondent.

2. Since the writ petition is disposed of at the admission stage itself and in view of the nature of the order proposed to be passed, notice to the private respondents is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 5 to remove the encroachments

made by the respondents 6 to 18 in the water course (Odai) in Survey Nos. 159/1 and 164/1 of Thimmarasannaickanur Bit-I Village, Aundipatti Taluk, Theni District, based on the petitioner's representation dated 09.09.2022.

5. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the fifth respondent, on instructions, submitted that the lands in the aforesaid survey numbers, in which, the private respondents are alleged to have made encroachments, are nothing but private patta lands.

6. The aforesaid submission is stoutly refuted by the learned counsel for the petitioner stating that the aforesaid survey numbers are water course and in view of the encroachment made by the private respondents in the said survey numbers, during rainy season, the rain water is flowing into the petitioner's land in Survey Nos.160/2 & 160/3.

7. In view of the above, to give a quietus to the issue, without going into the merits of the claim made by the petitioner, we direct the authorities concerned to consider the petitioner's representation dated 09.09.2022 and conduct a survey in Survey Nos.159/1 & 164/1 and find out

as to whether the said survey numbers are water course or not. If there is any water course in the aforesaid survey numbers, where there is any encroachment found to be made by the private respondents as alleged by the petitioner, then the authorities concerned shall remove the same, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 01.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The Tahsildar, Aundipatti Taluk, Theni District.

4.The Assistant Executive Engineer, PWD and Water Resources Organization, Manjalaru Sub Division Basin, Old G.H.Road, Theni.

5.The Block Development Officer, Aundipatti Panchayat Union, Aundipatti, Theni District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 01.11.2022