Dismissed

K.Vinayagam v. The District Collector

Madras HC3 Sept 2021WP/2325/2021

Case brief

AI extract

What is this about?

Court disposed of writ petition alleging encroachment on water bodies. Court directed petitioner to make fresh detailed representation to the Tahsildar. Tahsildar authorized to conduct inquiry and issue notice to encroachers before taking action.

What did the court decide?

Order of writ petition disposed by directing petitioner to make fresh detailed representation to Tahsildar; Tahsildar to conduct inquiry.

K.Vinayagam Vs The District Collector — Land Acquisition | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 03.09.2021

¶3

CORAM :

¶4

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

¶5

W.P.NO.2325 OF 2021

¶6

K.Vinayagam ... Petitioner

¶7

.Vs.

¶8

The District Collector, Kancheepuram District.

¶9

The Joint Engineer, Water Resources Department, PWD, Padappai, Sriperumpudur Taluk, Kancheepuram District.

¶10

The Tahsildar, Sriperumpudur Taluk, Kancheepuram District. 4. The Block Development Officer, Kundrathur Panchayat Union, At Padappai Village, Sriperumpudur Taluk, Kancheepuram District.

¶11

Shan Basha 6. Jahan ... Respondents

¶12

PRAYER:-

¶13

Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the respondents to consider the representation dated 07.10.2019 made by the petitioner to take necessary action by the respondent nos.1 to 4 for the constructions put up by the 5th & 6th respondents in water bodies land in S.No.1007/1C to the extent of 5 cents at Manimangalam Village, Sriperumpudur Taluk, Kancheepuram District and pass appropriate orders within stipulated time period as may be fixed by this court.

¶14

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

¶15

For the Petitioner : Mr.T.Sundaravadanam For the Respondent : Ms.R.Anita Counsel for State For RR 1 to 3

¶16

ORDER

¶17

(Order of the Court was made by The Hon'ble Chief Justice)

¶18

The grievance of the petitioner is that the private respondent Nos.5 and 6 have encroached into waterbodies at S.No.1007/1C at Manimangalam Village, Sriperumpudur Taluk in Kancheepuram.

¶19

Ms.R.Anitha, learned counsel for the State, takes notice on behalf of respondent Nos.1 to 3. According to the official respondents represented, the Tahsildar of Kundrathur Taluk would be the appropriate person to address the issue.

¶20

Accordingly, W.P.No.2325 of 2021 is disposed of by permitting the petitioner herein to carry a fresh, detailed representation in respect of the matters complained of, to the Tahsildar, Kundrathur Taluk, within a fortnight from date. Upon receipt of the representation, the Tahsildar will conduct an inquiry. Due notice should be served by the Tahsildar on all persons who are likely to be affected by any action that may ultimately be taken by the Tahsildar. In particular, the fifth and sixth respondents must be issued notice prior to the inquiry as to whether they have encroached into any waterbody is conducted.

¶21

If any encroachment is found, particularly in any waterbody, the Tahsildar should take immediate appropriate action in accordance with law. It is hoped that the encroachment, if any, will be removed within 12 weeks of the receipt of a copy of the representation by the Tahsildar.

¶22

No previous notice has been required to be issued to the fifth and sixth respondents since the Tahsildar has been called upon to issue notice to such respondents prior to conducting an inquiry as to whether they have encroached in any waterbody.

¶23

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

¶24

W.M.P.No.2628 of 2021 is closed. There will be no order as to costs.

¶25

Sd/Assistant Registrar(CO)

¶26

//True Copy//

¶27

Sub Assistant Registrar

¶28

sra

¶29

To
1.	The District Collector, Kancheepuram District.
2.	The Joint Engineer, Water Resources Department, PWD, Padappai, Sriperumpudur Taluk, Kancheepuram District.
3.	The Tahsildar, Sriperumpudur Taluk, Kancheepuram District.
4.	The Block Development Officer, Kundrathur Panchayat Union, At Padappai Village, Sriperumpudur Taluk, Kancheepuram District.
+1cc +1cc	to Mr.T.Sundaravadanam, Advocate, S.R.No.44905 to the Government Pleader, S.R.No.44468 W.P.N
RGN( PBS/	CO) 14/09/2021

¶30

W.P.NO.2325 OF 2021

¶31

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

K.Vinayagam v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Vinayagam v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s.Bhari Metal Fabrication Vs The Authorised Officer

Statco Infra Projects Pvt. Ltd. Vs M/S.Narendra Properties Ltd.

P.Gnanaprabhu Vs The Union of India

Dr.G.R.Ravindranath Mbbs Vs Principal Secretary to Govt

M/s.Central Bank of India, Vs M/s.New Deep Ocean Dry Fish

Sri Sumathinath Bhagwan Vs The Commissioner