Madras High Court
P.Kalliyaperumal vs The District Collector on 19 February, 2021
W.P.No.3562 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.02.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
W.P.No.3562 of 2021
P.Kalliyaperumal .. Petitioner
Versus
1.The District Collector,
Nagapattinam District,
Nagapattinam.
2.The Tahsildar,
Sirkali Taluk,
Nagapattinam District.
3.The Revenue Divisional Officer,
Mayiladuthurai,
Nagapattinam District.
4.The President,
Manigramam Panchayat,
Sirkali Taluk,
Nagapattinam District.
5.K.Baskaran
6.J.Sathyamurthy
7.J.Rajkumar
https://www.mhc.tn.gov.in/judis/
1
W.P.No.3562 of 2021
8.C.Vaithyalingam .. Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus directing the
respondents 1 to 4 herein to remove the encroachments of water bodies
(vaikkal poromboke ) made by the 5th to 8th respondents situated in
S.No. 313/1 and 313/2, Manigramam village, Sirkali Taluk,
Nagapattinam District.
For Petitioner : Mr.B.Saravankumar
For RR1 to 4 : Mr.R.Vijayakumar
Additional Government Pleader
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The petitioner claims to be an agriculturalist and owner of the land
admeasuring an extent of 1.5 acres, comprised in S.F.No.311,
Manigramam Village, Sirkali Taluk, Nagapattinam District. According to
him, there exist encroachments upon a water course poromboke in
S.F.Nos.313/1 and 313/2 by the private respondents and despite
representations and various directions emanated from the office of the
superior officials, the 2nd respondent has not all taking any action and
therefore, he is constrained to approach this Court by filing this Writ
Petition.
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W.P.No.3562 of 2021
2. The learned counsel appearing for the petitioner would submit
that the father of the 5th respondent along with one Paramasivam has filed
a Civil Suit in O.S.No.83 of 2007, against the Village Administrative
Officer, the Revenue Inspector, Thiruvallur, the Tahsildar (2nd respondent
herein), the Collector of Nagapattinam District (1st petitioner herein) as
well as against the petitioner herein, praying for permanent injunction
restraining them from interfering with his peaceful possession and
enjoyment of the land in S.F.No.313/2 and the Suit, after contest, came to
be decreed, vide judgment and decree dated 30.10.2017 and it has also
become final and despite that, the official respondents are not taking any
action to remove the encroachments and the representations submitted in
this regard has also failed to invoke any kind of response and therefore
he is constrained to approach this Court by filing this Writ Petition.
3. Mr.R.Vijayakumar, learned Additional Government Pleader
accepts notice on behalf of the respondents 1 to 3.
4. This Court, taking into consideration the above facts and
circumstances and without going into the merits of the claim projected by
the petitioner, either in his representation or in this Writ Petition, directs
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W.P.No.3562 of 2021
the 2nd respondent to act on the urgent Memo dated 20.03.2020 in
Na.Ka.No.2379/2019/Oo4, sent by the office of the 1st respondent and
after putting on notice, the petitioner and the respondents 5 to 8, shall
cause survey and inspection in S.No. 313/1 and 313/2, Manigramam
village, Sirkali Taluk, Nagapattinam District and if the result of the
inspection reveals any encroachment or unauthorised construction, shall
take immediate, necessary and appropriate action in accordance with law,
by also adhering to the principles of natural justice and complete the said
exercise within a period of ten weeks from the date of receipt of a copy
of this order / uploading of the order in the website and communicate the
decision taken, to the petitioner and the respondents 5 to 8 and any other
persons concerned.
5. The Writ Petition is disposed of accordingly. No costs.
[M.S.N.,J] [A.A.N.,J.]
19.02.2021
sk
Internet:Yes /No
Index: Yes/ No
https://www.mhc.tn.gov.in/judis/
W.P.No.3562 of 2021
To
1.The District Collector,
Nagapattinam District,
Nagapattinam.
2.The Tahsildar,
Sirkali Taluk,
Nagapattinam District.
3.The Revenue Divisional Officer,
Mayiladuthurai,
Nagapattinam District.
4.The President,
Manigramam Panchayat,
Sirkali Taluk,
Nagapattinam District.
https://www.mhc.tn.gov.in/judis/
W.P.No.3562 of 2021
M.SATHYANARAYANAN, J.,
AND
A.A.NAKKIRAN, J.,
sk
W.P.No.3562 of 2021
19.02.2021
https://www.mhc.tn.gov.in/judis/
