A writ petition alleging encroachment on government water bodies was filed. The Court, recording the State counsel's submission that a survey is pending, directed the official respondents to conduct an expeditious survey of the surveyed lands within six weeks.
Direction to conduct survey of S.Nos. 213/1, 214/1, and 215/14 within six weeks.
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W.P. No.37516 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.37516 of 2024
V.Jayaprakash Petitioner
vs.
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent herein to consider the petitioner's representation dated 23.05.2023 and to conduct an enquiry, initiate appropriate action to remove the encroachments made by the 4th respondent by safeguarding the water resources in Government odai varathu vaikkal comprised in Survey Nos.213, 214 and 215 in Kosappadi Village, Sankarapuram Taluk, Kallakurichi District.
For petitioner Mr. R. Agilesh
For RR1 to 3 Mr. T.K. Saravanan Government Advocate
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ORDER
(made by M. SUNDAR, J.)
Captioned 'writ petition' (for the sake of brevity 'WP') has been filed with a mandamus prayer qua a 'representation dated 23.05.2023' ('said representation' for the sake of clarity and convenience).
3. Issue notice to official respondents.
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three survey numbers have been sub-divided, S.No.213/1 is classified as Xil, S.No.214/1 is classified as poramboke temple and S.No.215/14 is classified as ghij. Learned State counsel also submits that survey is in the anvil and post survey and depending on the survey report, necessary action under appropriate statute(s) shall be initiated, if encroachments are found.
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necessary action under appropriate statute(s) shall be commenced and concluded in accordance with law. We write 'in accordance with law' as R4 or any other alleged encroacher should necessarily be show caused under the statute(s) concerned under which action is commenced.
(M.S., J.) (K.R.S., J.) 17.12.2024
Index : Yes/No NC : Yes/No cad
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To:
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M. SUNDAR, J.
and
K. RAJASEKAR, J.
cad
W.P. No.37516 of 2024
17.12.2024
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1 issue framed by the court
Whether the Court should issue a direction to the Revenue Authorities to conduct a survey of the specified survey numbers to check for encroachments.
V. Jayaprakash
The District Collector of Kallakurichi District Kallakurichi
The District Revenue Officer Kallakurichi Kallakurichi District
The Revenue Tahsildar Kallakurichi Taluk Kallakurichi District
S. Kannan
M. SUNDAR
K. RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
