Madras High Court
M.Krishnamoorthy vs The District Collector on 12 November, 2021
Bench: Sanjib Banerjee, P.D.Audikesavalu
WP No.23412 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP No.23412 of 2018
and WMP No.27334 of 2018
M.Krishnamoorthy ... Petitioner
Vs
1. The District Collector
Vangikkal, Thiruvannamalai District.
Thiruvannamalai - 606 604.
2. The District Revenue Officer,
Thiruvannamalai District,
Thiruvannamalai.
3. The Revenue Divisional Officer,
Thiruvannamalai District,
Thiruvannamalai.
4. The Tahsildar,
Taluk Office,
Thiruvannamalai - 606 601.
5. The Commissioner
Thiruvannamalai Municipality,
Thiruvannamalai.
__________
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WP No.23412 of 2018
6 M/s. AS Motors
Thiruvannamalai-Vellore Road
Thiruvannamalai,
Rep. by its Proprietor.
7. The Divisional Engineer,
State Highway Department,
Thiruvannamalai District.
8. The Vengikal Panchayat
Vengikal Village,
Thiruvannamalai District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondents 1 to 4
herein to remove the illegal and unauthorized construction made by
the respondents 5 to 7 Burial Ground and Kulam in Government
Poramboke land comprised in Survey No. 259/2, Extent 0-57 Hectare
in Vengikal Village and Panchayat limits and direct the respondents 1
to 4 to renovate the said Burial Ground and Kulam for reuse.
For the Petitioner : Mr.D.Baskar
For the Respondents : Mr.P.Muthukumar,
State Government Pleader,
for respondents 1 to 4, 7 and 8
Mr.B.Anand
for Mr.A.S.Thambusamy,
for fifth respondent
*****
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WP No.23412 of 2018
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The matter pertains to the removal of encroachment from a minor waterbody. A status report has been filed by the fifth respondent Commissioner of Thiruvannamalai Municipality. A further status report has been filed by the Tahsildar, Thiruvannamalai. It is heartening that appropriate action has been taken to remove the encroachment. However, the petitioner complains that the real purpose of removing the illegal occupants is to ensure that the area of the waterbody is left intact and its ability to receive water is left undisturbed. For such purpose, the petitioner submits that the rubble and debris left behind as a consequence of the demolition of the structures put up by the illegal occupants are required to be removed.
2. The status reports are taken on record. The Tahsildar is requested to ensure that the debris, rubble and rubbish that may have been dumped into the waterbody or may have collected around the same be immediately removed so that there is no impediment in water flowing into the waterbody at the appropriate time.
__________ Page 3 of 6 https://www.mhc.tn.gov.in/judis/ WP No.23412 of 2018 WP No.23412 of 2018 is disposed of. WMP No.27334 of 2018 is closed. There will be no order as to costs.
(S.B., CJ.) (P.D.A., J.)
12.11.2021
Index : no
sra
To:
1. The District Collector
Vangikkal, Thiruvannamalai District. Thiruvannamalai - 606 604.
2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.
4. The Tahsildar, Taluk Office, Thiruvannamalai - 606 601.
5. The Commissioner Thiruvannamalai Municipality, Thiruvannamalai.
6. The Divisional Engineer, State Highway Department, Thiruvannamalai District.
__________ Page 4 of 6 https://www.mhc.tn.gov.in/judis/ WP No.23412 of 2018
7. The Vengikal Panchayat Vengikal Village, Thiruvannamalai District.
__________ Page 5 of 6 https://www.mhc.tn.gov.in/judis/ WP No.23412 of 2018 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) WP No.23412 of 2018 12.11.2021 __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis/