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2022 Supreme(Online)(Mad) 54004

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HON`BLE ACTING CHIEF JUSTICE
R.Jagannathan – Appellant
Versus
The State of Tamil Nadu – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.09.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE SUNDER MOHAN W.P.No.10616 of 2022 and W.M.P.No.10271 of 2022 R.Jagannathan ... Petitioner Vs.

1 The State of Tamil Nadu Rep. by its Secretary to Government, Department of Revenue and Disaster Management Department, Fort St.George Chennai.

2 The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Public Work, Fort St.George, Chennai.

3 The Collector, The Office of District Collector, Tiruvanamalai District.

4 The Assistant Director, The Survey and Land Records Department, Thiruvanamalai District.

5 The Executive Engineer, Tamil Nadu Public Work Department, Middle Pennaiar Basin Division, Tiruvanamalai District.

6 The Revenue Divisional Officer, The Office of Revenue Divisional Office, Arani, Tiruvanamalai, Tiruvanamalai District.

7 The Tahsildar, Chengam Taluk, Tiruvanamalai District.

8 The Tahsildar, Kalasapakkam Taluk, Tiruvanamalai District.

9 The Village Administrative Officer Kadaladi, Tiruvanamalai District.

10 The Executive Engineer, Water Resources Department, Tiruvanamalai District.

11 The Panchayath President, Singaravadi Village Panchayath, Kalasappakam Taluk, Thiruvanamalai District. .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus to direct the 3rd respondent to remove the encroachments of Panchayath building construction on water bodies situated at Survey Number 480B, Sinkaravadi Village, Kalasappakam Taluk, Thiruvanamalai District, including other encroachments such as in Survey No. 800-1-Pazhaya Eri, Survey No. 790/G-Kal Eri Survey No. 725- Pazhaya Eri , Survey No. 62-Kundathur Eri, Survey No. 143/1-Aduthinna Eri, Survey No. 118-Mabakkam Eri, Survey No. 303/1-Mattavetti Eri and hand over the water bodies to concerned Authorities within the time bound manner fixed by this Court.

For the Petitioner Ms. P. Uma For the Respondents Mr.J.Ravindran, Addl. Advocate Genl.

Assisted by Mr.A.Selvendran, S.G.P. - R1 to R10 Mr. P. Muthukumar, State Govt. Pleader - R11 ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice)

The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus, directing the 3rd respondent to remove the encroachments of Panchayath building construction on water bodies situated at Survey Number 480B, Sinkaravadi Village, Kalasappakam Taluk, Thiruvanamalai District, including other encroachments such as in Survey No. 800-1-Pazhaya Eri, Survey No. 790/G-Kal Eri Survey No. 725-Pazhaya Eri , Survey No. 62-Kundathur Eri, Survey No. 143/1-Aduthinna Eri, Survey No. 118-Mabakkam Eri, Survey No. 303/1-Mattavetti Eri and hand over the water bodies to concerned Authorities within a time frame.

2. When the Writ Petition is taken up for hearing, Mr.J.Ravindran, learned Additional Advocate General appearing for the respondents 1 to 10 submitted that the authorities are already taking steps to remove the encroachments and that the encroachments would be removed within a period of three months and the learned Additional Advocate General has also filed a Status Report of the 8th respondent to that effect wherein the Tahsildar, Kalasapakkam Taluk has sought for three months time to remove the encroachments. The learned Additional Advocate General submitted that in view of the Status Report filed by the Tahsildar, Kalasapakkam Taluk, the Writ Petition may be closed, for which, learned counsel appearing for the petitioner is also having no objection.

3. Recording the submissions made by the learned Additional Advocate General and also taking note of the Status Report filed by the Tahsildar, Kalasapakkam Taluk, we grant three months time to the authorities to remove the encroachment and close the Writ Petition. No costs. Consequently the connected Miscellaneous Petition is also closed.

[M.D., ACJ.] [S.M., J.]

14.09.2022 Index : No Rj

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