Disposed

P.Saravanan v. the District Collector

Madras HC9 Dec 2024WP/36670/2024

Case brief

AI extract

What is this about?

This judgment is a single-paragraph order where the Court issued notice to official respondents regarding a representation by the petitioner against illegal encroachment on Water Body Land. The Court recorded the State's undertaking to initiate action and disposed of the writ petition while preserving the rights of private encroachers.

What did the court decide?

Notice issued to official respondents; matter disposed of with preservation of rights of private encroachers.

P.Saravanan Vs the District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.36670 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.36670 of 2024

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P.Saravanan S/o.S.Palani

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... Petitioner

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Vs.

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The District Collector District Collectorate Office Tiruvannamalai District - 606 604.

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The District Revenue Officer District Revenue Office Tiruvannamalai District - 606 601.

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The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai District - 606 601.

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The Tahsildar Tahsildar Office Tiruvannamalai Taluk - 606 601.

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The Revenue Inspector Revenue Inspector Office Savalpoondi Village

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Page Nos.1/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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Tiruvannamalai District - 606 603.

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The Village Administrative Officer Village Administrative Office Savalpoondi Village Tiruvannamalai District - 606 603.

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Sakkarai S/o.Pillaiyar

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Cauvery D/o.Palayan

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Sekar S/o.Kannan

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Murugan S/o.Arunachalam

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Parameshwari W/o.Chinnapayyan

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Annamalai S/o.Sadayandi ... Respondents

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Prayer :

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents particularly 1st and 3rd respondents to consider the petitioner's representation dated 18.11.2024 to remove the encroachment illegally constructed on the Water Body Land (Odai Porambokku Land) in S.No.6/4, Savalpoondi Village, Tiruvannamalai District.

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Page Nos.2/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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For Petitioner : Mr.M.Abdul Kareem For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R6

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ,]

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Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'S.No.6/4 in Saavalpoondi Village, Thiruvannamalai Taluk, Thiruvannamalai District' {hereinafter 'said land' for the sake of brevity}.

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Learned counsel for writ petitioner submits that there is encroachment in said land and that alleged encroachers are R7 to R12 (private respondents). Learned counsel submits that a representation has also been sent and the writ petitioner is seeking action qua alleged encroachment.

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Issue notice to official respondents i.e., R1 to R6.

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Page Nos.3/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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Mr.T.K.Saravanan, learned Government Advocate accepts notice

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for official respondents (R1 to R6).

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Learned State Counsel, on instructions submits that a survey has

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been conducted on 22.10.2024, some encroachments have been found qua said land and that suitable action in accordance with law will be initiated. We make it clear that suitable action in accordance with law necessarily includes alleged encroachers being show caused (R7 to R12 or any other alleged encroachers).

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Considering the limited scope of captioned WP, main WP was

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taken up in the Admission Board with the consent of both sides.

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We make it clear that all rights and contentions of R7 to R12 (private respondents) as well as other alleged encroachers, if any, are preserved, when show caused and when action in accordance with law is initiated. As rights and contentions of private respondents are preserved, there is no impediment for disposal of main WP as such a preservation will

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Page Nos.4/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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serve as safety valve.

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We deem it appropriate to dispose of the captioned WP recording the stated position of learned State Counsel with preservation of rights in the aforesaid manner. Though obvious, we make it clear that all rights and contentions of writ petitioner also stand preserved. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 09.12.2024

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

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Page Nos.5/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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The District Collector District Collectorate Office Tiruvannamalai District - 606 604.

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The District Revenue Officer District Revenue Office Tiruvannamalai District - 606 601.

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The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai District - 606 601.

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The Tahsildar Tahsildar Office Tiruvannamalai Taluk - 606 601.

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The Revenue Inspector Revenue Inspector Office Savalpoondi Village Tiruvannamalai District - 606 603.

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The Village Administrative Officer Village Administrative Office Savalpoondi Village Tiruvannamalai District - 606 603.

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Page Nos.6/7

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https://www.mhc.tn.gov.in/judis

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W.P.No.36670 of 2024

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M.SUNDAR, J., and K.RAJASEKAR, J.,

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W.P.No.36670 of 2024

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09.12.2024

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Page Nos.7/7

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https://www.mhc.tn.gov.in/judis

P.Saravanan v. the District Collector

Case brief

What is this about?

What did the court decide?

P.Saravanan v. the District Collector

Case brief

What is this about?

What did the court decide?

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