Disposed

K.N.Subramaniam v. The District Collector

Madras HC18 Sept 2019WP/21424/2019

Case brief

AI extract

What is this about?

This judgment relates to a writ petition filed as PIL seeking removal of encroachments on waterways in Tiruppur District. The Court directed the petitioner to utilize the mechanism under G.O.Ms.No.540, dated 4.12.2014, by filing a further representation with details and evidence before the Tahsildar for enquiry.

What did the court decide?

Petitioner directed to file further representation with particulars and evidence before Tahsildar to utilize the G.O.Ms.No.540 mechanism for encroachment removal.

K.N.Subramaniam Vs The District Collector — Land Acquisition | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.09.2019

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CORAM :
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.21424 of 2019
K.N.Subramaniam .. Petitioner
Vs
1 The District Collector
Tiruppur District
Tiruppur.
2 The Executive Engineer
PWD, WHO, Bhavani Sagar Division
Bhavani Sagar, Erode District.
3 The Assistant Executive Engineer
PWD (Irrigation), Town Hall
Coimbatore, Coimbatore District.
4 The Tahsildar
Taluk Office
Avinashi Taluk
Avinashi, Tiruppur District. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution
of India praying for issue of writ of mandamus directing the
respondents to remove the encroachment made on the waterways in
S.Nos.123, 125 and 163, Avinashi Village, Tiruppur District and
northern side of the S.No.123 of Avinashi Village in
Karumapalayam Village Area, Tiruppur District.
For Petitioner : Ms.R.Hemalatha
for M/s.C.Prakasam
For Respondents : Mr.S.N.Parthasarathi
Government Advocate

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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(Order of the Court was made by DR.VINEET KOTHARI,J.)

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The petitioner, K.N.Subramaniam, has filed this writ petition, as a public interest litigation, seeking the removal of the alleged encroachments made by several persons on the waterways in S.Nos.123, 125 and 163, Avinashi Village, Tiruppur District and on the northern side of S.No.123 of Avinashi Village in Karumapalayam Village Area, Tiruppur District.

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The learned counsel for the petitioner, Ms.R.Hemalatha, submitted that the petitioner filed a representation to the District Collector of Tiruppur District on 26.6.2019 espousing the cause of the village people of the said village, but since the said representation was not responded to, the present writ petition has been filed by the petitioner in this Court.

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The learned Government Advocate, Mr.S.N.Parthasarathi, has brought to our notice G.O.Ms.No.540, Revenue [LD6(2)] Department, dated 4.12.2014 issued by the State Government in pursuance of the directions of this Court on 11.8.2014 in W.P.No.26772 of 2013 and M.P.No.1 of 2013 filed by Mr.U.A.Marappa Gounder, whereby this Court directed the State Government to develop a mechanism for redressal of grievances with regard to various encroachments made in the public lands. The constitution of Taluk Level Committee at the Taluk Level, Appellate Committee at Divisional Level and Review Committee at District Level have been provided for in the said government order.

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The learned Government Advocate also submitted that the petitioner has not specified in specific the encroachment made by any particular party on the said waterways and, therefore, the petitioner should be asked to file better particulars with regard to the alleged encroachment in this regard.

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Having heard the learned counsel for the parties, we are of the opinion that the petitioner should be relegated to avail the mechanism provided in G.O.Ms.No.540, dated 4.12.2014 by the State Government for redressal of the grievance raised in the present writ petition. The petitioner is, therefore, directed to file a further representation with better particulars before the concerned revenue authorities at Taluk Level, namely, the Tahsildar, Avinashi Taluk, Avinashi, Tiruppur District, with evidence and site photographs of the alleged encroachment, which, according to the petitioner, is illegal. The said concerned authority, namely, the fourth respondent, shall hold an enquiry with the participation of the petitioner and if the encroachments are identified by the said authority, necessary action in this regard will be taken for removal of the

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encroachment under the provisions of the Tamil Nadu Land Encroachment Act and the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. If the petitioner still feels aggrieved, he has a remedy by way of appeal before the Appellate Committee at Divisional Level and he can also file a review before the Review Committee at District Level, as stated in G.O.Ms.No.540, dated 4.12.2014.

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The writ petition is disposed of accordingly. No costs.

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Sd/-
Assistant Registrar(Insp.cell)
//True copy//
Sub Assistant Registrar
sasi
To:
1 The District Collector
Tiruppur District
Tiruppur.
2 The Executive Engineer
PWD, WHO, Bhavani Sagar Division
Bhavani Sagar, Erode District.
3 The Assistant Executive Engineer
PWD (Irrigation), Town Hall
Coimbatore, Coimbatore District.
4 The Tahsildar
Taluk Office
Avinashi Taluk
Avinashi, Tiruppur District.
+1cc to M/s.C.Prakasam, Advocate SR.No.80872
+1cc to Government Pleader SR.No.80701
W.P.No.21424 of 2019
AD(CO)
GMY(17/10/2019)

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K.N.Subramaniam v. The District Collector

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K.N.Subramaniam v. The District Collector

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