Madras High Court
Nicholas vs The District Collector on 7 August, 2023
Author: P.D.Audikesavalu
Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu
W.P.No.837 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.837 of 2020
Nicholas .. Petitioner
Vs.
1. The District Collector
Collectorate
Villupuram
Villupuram District.
2. The Sub Collector
Sub Collector's Office
Tindivanam
Villupuram District.
3. The Block Development Officer
Gingee Union
Gingee, Villupuram District.
4. The Tahsildar
Gingee Taluk, Villupuram District.
5. The Village Administrative Officer
Sathiyamangalam Village
Gingee Taluk, Villupuram District.
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W.P.No.837 of 2020
6. The Chief Engineer
Public Works Department
Chepauk
Chennai 600 005.
7. The Superintending Engineer
Public Works Department
Water Resource Department
Campus of Planning
Villupuram.
8. Junior Engineer
Public Works Department
Taluk Office Campus
Gingee
Villupuram District.
9. The Assistant Engineer
Public Works Department
Gingee
Villupuram District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents to survey the
lands and to prepare report and plan to know about the extent of
encroachment by encroachers in Big Lake, situated in Survey
Numbers 434, 435 and Small Lake situated in S.Numbers 430, 435,
433/1A, 433/2A, 433/3A, 433/5A in Sathiyamangalam Village
Account, Gingee Taluk, Villupuram District and further direct the
respondent to take appropriate steps as per Tamil Nadu Protection of
Tanks and Eviction of Encroachment Act, 2007 to removal of
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W.P.No.837 of 2020
encroachment, based upon the petitioner's representation dated
13.08.2019.
For the Petitioner : Mr.A.Gouthaman
For the Respondents : Mrs.R.Anitha
Special Government Pleader
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.A.Gouthaman, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents.
2. Learned counsel for the petitioner submits that there are encroachments on the waterbodies, i.e. Big lake situated in S.Nos.434 and 435 and small lake in S.Nos. 430, 435, 433/1A, 433/2A, 433/3A and 433/5A in Sathyamangalam Village, Gingee Taluk. The survey is not yet conducted and no steps are undertaken.
3. Learned Special Government Pleader submits that the entire Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.837 of 2020 encroachment has been removed from S.No.430/1. In some of the matters, the encroachers have already filed writ petitions bearing Nos.24389 of 2022, 24519 of 2022, 24521 of 2022 and 24526 of 2022. In some of the writ petitions, interim orders are in force.
4. Of course, if the interim orders are in force, the respondent authorities cannot take action. However, they may defend the writ petitions and subject to the decision in the said writ petitions, further steps be undertaken immediately.
5. With these observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.)
07.08.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The District Collector Collectorate Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.837 of 2020 Villupuram Villupuram District.
2. The Sub Collector Sub Collector's Office Tindivanam Villupuram District.
3. The Block Development Officer Gingee Union Gingee, Villupuram District.
4. The Tahsildar Gingee Taluk Villupuram District.
5. The Village Administrative Officer Sathiyamangalam Village Gingee Taluk Villupuram District.
6. The Chief Engineer Public Works Department Chepauk, Chennai 600 005.
7. The Superintending Engineer Public Works Department Water Resource Department Campus of Planning Villupuram.
8. Junior Engineer Public Works Department Taluk Office Campus Gingee, Villupuram District.
9. The Assistant Engineer Public Works Department Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.837 of 2020 Gingee, Villupuram District.
Page 6 of 7https://www.mhc.tn.gov.in/judis W.P.No.837 of 2020 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) W.P.No.837 of 2020 07.08.2023 Page 7 of 7 https://www.mhc.tn.gov.in/judis