Madras High Court
R.Srinivasan vs The District Collector on 17 March, 2023
Author: T.Raja
Bench: T.Raja
W.P.No.8310 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.8310 of 2023
R.Srinivasan .. Petitioner
Vs.
1. The District Collector
Office of Collectorate
Villupuram
Villupuram District.
2. The Sub Collector
Jakkampettai
Tindivanam.
3. The Block Development Officer
Vallam Panchayat
Villupuram District.
4. The Tahsildar
Gingee Taluk
Villupuram District.
5. Mani
6. Vadivel
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.8310 of 2023
7. Kasinathan
8. Damodharan
9. Mani .. Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of Mandamus directing the respondents 1 and 4 to
consider the petitioner's representation dated 31.01.2022 and
directing them to remove the water body encroachment made by the
respondents 5 to 9 in the water body canal comprised in Survey
No.220/1A1A at Neganurputhur Village, Gingee Taluk, Villupuram
District.
For the Petitioner : Mr.D.S.Ramesh
For the Respondents : Mr.J.Ravindran
Additional Advocate General
Assisted by
Mr.A.Selvendran
Special Government Pleader
for Respondents 1, 2 & 4
Mr.P.Muthukumar
State Government Pleader
for Respondent-3
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a direction to the respondents 1 and 4 to consider the petitioner's representation dated Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.8310 of 2023 31.01.2022 requesting to remove the encroachment made in the waterbody in Survey No.220/1A1A at Neganurputhur Village, Gingee Taluk, Villupuram District.
2. Learned counsel for the petitioner submitted that in spite of the report of the Revenue Inspector dated 12.07.2022 stating that the respondents 5 to 9 have encroached the lands in S.No.220/1A1A to an extent of 48.31.5 hectares, the official respondents have not removed the encroachment, though notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued by the third respondent.
3. Learned State Government Pleader appearing for the third respondent submitted that when the petitioner seeks to remove the encroachment from the land in S.No.220/1A1A, which is stated to be a waterbody, he should have impleaded the Water Resources Department as a party to the writ petition.
4. As the process of removal of encroachment has already been initiated by the third respondent by issuing notice under Section 6 of Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.8310 of 2023 the Act on 11.10.2022, we direct the third respondent to complete the process of removal of encroachment, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
17.03.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The District Collector
Office of Collectorate
Villupuram
Villupuram District.
2. The Sub Collector
Jakkampettai
Tindivanam.
3. The Block Development Officer Vallam Panchayat Villupuram District.
4. The Tahsildar Gingee Taluk Villupuram District.
Page 4 of 5https://www.mhc.tn.gov.in/judis W.P.No.8310 of 2023 T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) W.P.No.8310 of 2023 17.03.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis