2023 Supreme(Online)(MAD) 14487
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 31.08.2023 CORAM THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ W.P.No.25546 of 2023 T.Singaravadivel .. Petitioner Vs.
1.The District Collector, District Collectorate, Tiruvarur District, Tiruvarur.
2.The District Revenue Officer, O/o.District Revenue Officer, Tiruvarur District.
3.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Mannargudi, Tiruvarur District.
4.The Tahsildar, Taluk Office, Thiruthuraipoondi, Tiruvarur District.
5.The Block Development Officer, O/o.Block Development Officer,, Thiruthuraipoondi, Tiruvarur District.
6.The Village Adminstrative Officer, O/o.Village Adminstrative Officer, Korukkai Village, Thiruthuraipoondi, Tiruvarur District.
7.Panchayat Board President, Korukkai Panchayat Board, Korukkai, Thiruthuraipoondi, Tiruvarur District.
8.Manikkam. ...Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS directing the respondents 1 to 7 to consider and dispose the petitioner's representation dated 03.04.2023 and consequently direct the respondents 1 to 7 to act upon their proceedings and take stringent action against 8th Respondent and remove the encroachment made in the bank of “Chepraan Pond” in Survey No.183/10 , Korukkai Village, Thiruthuraipoondi Taluk, Tiruvarur District, within a stipulated time as prescribed by this court.
For Petitioner : Mr.R.Balaguruswamy For RR1 to 7 : Mr.P.Muthukumar State Government Pleader
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.]
The prayer made in this writ petition is to issue a writ of Mandamus directing the respondents 1 to 7 to consider and dispose of the petitioner's representation dated 03.04.2023 and consequently, act upon their proceedings and take stringent action against the 8th Respondent and remove the encroachment in the bank of “Chepraan Pond” in Survey No.183/10, Korukkai Village, Thiruthuraipoondi Taluk, Tiruvarur District, within a stipulated time as prescribed by this court.
2. Today, when the matter was taken up for consideration, the learned State Government Pleader taking notice for the respondents 1 to 7 produced a copy of the communication of the 5th respondent in Na.Ka.No.0774/2023/A3 dated 30.08.2023 addressed to him and submitted that steps have been taken to remove the encroachment within a period of
15 days, through Korukkai village Panchayat.
3. We have perused the aforesaid communication sent by the fifth respondent, the Block Development Officer, Thiruthuraipoondi, wherein, it is stated as follows:
@jpUj;Jiwg;g{z;o tl;lhuj;jpw;Fl;gll; bfhWfi; f Cuhl;rpapy; Cuhl;rpf;F brhe;jkhd nrg;gu[ hd; Fsj;jpd; (g[y vz;/183-10) fiuapy; jpU/khzpff; k;. j-bg/buj;jpdk; vd;gth; jw;fhypfkhf Foir nghl;L Mff; pukpg;g[ bra;Js;sij 19/07/2023 md;W fhiy 11/00 kzpastpy; fhty; Jiw kw;Wk; tUtha;j;Jiw cjtpal[ d; Cuhl;rp kd;w jiyth; Kdd; piyapy; mg;g[wg;gLj;jp. Mff; pukzk; mfw;wpl brd;wnghJ. mg;gFjpapy; cs;s Ch; Kff; paj!j; hf; s; 15 jpd';fSfF; s; Mff; pukpg;gpid mthf; ns mfw;wpfb; fhs;tjhf bjhptpff; g;gl;ljd; mog;gilapy; mdi; wa jpdk; Mff; pukpg;g[
mfw;wg;gltpyi; y/
Mdhy; ,Jehs;tiu mthf; shy; Mff; pukpg;gpid mfw;wg;glhjjhy;. ,d;Dk; 15 jpd';fSfF; s; nkw;go Mff; pukpg;gpid Cuhlr; p eph;thfj;jpd; Ky: k; mfw;wpl eltofi; f vLff; g;glL; s;sJ vd;gij md;g[ld;
bjhptpj;Jfb; fhs;fpnwd;/@
4. Recording the above submissions and the communication sent by the fifth respondent, we direct the respondent authorities, more particularly, seventh respondent herein to remove the illegal encroachment in the subject pond, if any, without causing further delay, in the manner known law, that too, after affording an opportunity of hearing to all the necessary parties, including the eight respondent herein.
5. Accordingly, this writ petition stands disposed of. No costs.
[R.M.D., J.] [M.S.Q., J.]
31.08.2023 nsd Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No To
1.The District Collector, District Collectorate, Tiruvarur District, Tiruvarur.
2.The District Revenue Officer, O/o.District Revenue Officer, Tiruvarur District.
3.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Mannargudi, Tiruvarur District.
4.The Tahsildar, Taluk Office, Thiruthuraipoondi, Tiruvarur District.
5.The Block Development Officer, O/o.Block Development Officer,, Thiruthuraipoondi, Tiruvarur District. 6.The Village Adminstrative Officer, O/o.Village Adminstrative Officer, Korukkai Village, Thiruthuraipoondi, Tiruvarur District.
R.MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
nsd
7.Panchayat Board President, Korukkai Panchayat Board, Korukkai, Thiruthuraipoondi, Tiruvarur District.
W.P.No.25546 of 2023
31.08.2023