ORDER :

S. VAIDYANATHAN, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents to take immediate and appropriate action to remove all the encroachments made in Survey No.73/15 to an extent of 0.42 ½ cents which is waterway canal in Palavansathu Village, Vellore District, based on the Petitioner's representation dated 27.02.2021, 30.11.2020, 05.01.2021 within a time frame fixed by this Court and directing the Respondents to periodically maintain the waterway canal by extending its width and depth to prevent inundation of the residential area around the waterway canal.)

1. This Writ Petition has been filed seeking direction to the Respondents to take immediate and appropriate action to remove all the encroachments made in Survey No.73/15 to an extent of 0.42 ½ cents which is waterway canal in Palavansathu Village, Vellore District, based on the Petitioner representation dated 27.02.2021, 30.11.2020, 05.01.2021 within a time frame fixed this Hon'ble Court and directing the Respondents to periodically maintain the waterway canal by extending its width and depth to prevent inundation of the residential area around the waterway canal.

2. Mr.K.V.Sajeevkumar, learned Government counsel takes notice for Respondents. Since no adverse orders is going to be passed in respect of the sixth respondent, notice with respect to the sixth respondent is dispensed with.

3. By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

4. The case of the Petitioner is that in his area there is a lake called “Palavansathu Periya Eri” in an extent of Hec.10.26 Acre or 25.34 Acre. From the year of 2001, some portions of the lake have been illegally encroached upon by the sixth Respondent who was also constructed a big wall around the encroachment. Therefore, the Petitioner along with some villagers made an application dated 22.08.2019 to the PIO, office of the 4th Respondent under RTI act and the Petitioner received a reply dated 19.09.2019 stating that the said lake is classified as Mandaiveli of an extent of 1724 Sq.mts. and also that patta has been issued to 13 persons in the Survey number 148. Hence, the Petitioner along with some villagers made a representation dated 27.10.2020 to the 3rd Respondent to remove the encroachments made by the 6th Respondent and to prevent the village from inundation. Thereafter, due to the Nivar cyclone in November 2020, surplus water got to be released from the nearby lakes and overflowed into the existing residential area, which devastated many houses nearby the lake. Hence, the Petitioner made another representation dated 05.01.2021 to the 3rd Respondent. Since, no action has been taken till date, the petitioner has filed the present Writ Petition seeking for the aforesaid relief.

5. Taking note of the facts and circumstances of the case and also the submissions made, the Fourth Respondent/Tahsildar is directed to ascertain and take decision on the alleged encroachment, by conducting survey, by using the drone technology, after affording opportunity of hearing to the petitioner, sixth respondent and other persons concerned, within a period of three months from the date of receipt of a copy of this order. This Court makes it clear that if any encroachment is found to be made by the Sixth Respondent, the electricity connection with respect to the encroacher shall be disconnected in the light of the Judgment of the Division Bench in "P.Selvarajan Vs. The Commissioner of Municipal Administration, Chennai and others" (W.P.No. 21639 of 2017) decided on 13.02.2018, following the order of the Supreme Court dated 05.01.2018, passed in Special Leave to Appeal (C) No. 33863 of 2017, wherein the Apex Court observed as follows:

“3. Learned counsel appearing for the fourth respondent submitted that the fourth respondent has made an application for regularisation and that during the pendency of the proceedings, th