Madras High Court
Chinna Karuppan vs The District Collector on 20 August, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P(MD)No.19805 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.19805 of 2024
Chinna Karuppan ... Petitioner
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Assistant Director,
Land Survey and Records Department,
District Collectorate, Dindigul District.
3.The Tahsildar,
Natham Taluk,
Dindigul District.
4.The Block Development Officer,
Natham Taluk, Dindigul District.
5.The President,
Vathipatti Village Panchayat,
Natham Taluk, Dindigul District.
6.The Village Administrative Officer,
Vathipatti Village, Natham Taluk,
Dindigul District.
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W.P(MD)No.19805 of 2024
7.Andisamy
8.Ravi @ Kathan
9.Azhagan
10.Andisamy ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to impugned order passed by the
3rd respondent vide his proceedings in O.Mu.No.366/2024/A3 dated
08.06.2024 and quash the same as illegal and arbitrary, consequently
directing the respondents 1 to 6 to remove the encroachment made by the
respondents 7 to 10 on the Pethankuli Water Channel which is leading
through S.No.337, 336/1, 190/4, 192/1, 197/1A1B, 188/1, 191/3, 191/9,
192/2 and 338/C1B, 338/1B1C, 338/4A, 2a, 339/4A3 of Vathipatti
Village, Natham Taluk, Dindigul District by taking into consideration of
detailed plan mark found in village map of Reddipapatti revenue village,
Natham Taluk, Dindigul District within a stipulated time.
For Petitioner : Mr.S.Prabhu
For Respondents : Mr.G.V.Vairam Santhosh,
Addl. Government Pleader for R1 to R6.
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W.P(MD)No.19805 of 2024
ORDER
The petitioner lodged complaint dated 22.01.2024 alleging that a nilaviyal odai is running through S.Nos.189/4, 190/1 etc in Rediapatti Village has been blocked and encroached.
2.Memorandum dated 08.06.2024 was issued by the Tahsildar, Natham Taluk informing the petitioner that there is no encroachment in S.Nos.189/4 and 190/1. Challenging the said communication, the present writ petition came to be filed.
3.The learned Additional Government Pleader clarified that the nilaviyal odai runs through as many as 17 survey numbers. Survey has been done only in respect of S.No.190/4 and that it did not reveal the existence of any encroachment. It is assured by the official respondents that survey will be conducted for the remaining extent of the channel and if encroachments are noticed, they will be removed by adhering to due process of law. The said submission made by the learned Additional Government Pleader is recorded.
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4.We direct the official respondents particularly the third respondent herein to complete the survey of the nilaviyal odai in its entire extent. If encroachments are noticed, they shall be removed by adhering to due process of law. This exercise shall be completed by the third respondent within a period of five months from the date of receipt of a copy of this order.
5.The writ petition is disposed of accordingly. No costs.
(G.R.S.J.,) & (B.P.J.,)
20.08.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The District Collector,
Dindigul District,
Dindigul.
2.The Assistant Director,
Land Survey and Records Department, District Collectorate, Dindigul District.
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3.The Tahsildar, Natham Taluk, Dindigul District.
4.The Block Development Officer, Natham Taluk, Dindigul District.
5.The President, Vathipatti Village Panchayat, Natham Taluk, Dindigul District.
6.The Village Administrative Officer, Vathipatti Village, Natham Taluk, Dindigul District.
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and B.PUGALENDHI, J.
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