E.Rishikesh vs the District Collector

E.Rishikesh vs The District Collector

Type Court Judgment Court Chennai Decided Mar 21, 2025

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Citation: sooperkanoon.com/1794299
Court: Chennai High Court
Judge: Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi
Decided On: Mar 21, 2025
Case Number: WP/8998/2025

Parties & Advocates

Appellant / Petitioner

E.Rishikesh

Respondent

The District Collector

Excerpt

.....had illegally encroached in s.no.15 abdullapuram to oosur highways [airport airstrip] road. for petitioners : ms.d.malarvizhi for respondents : mr.v.ravi special government pleader for r1 to r5 mr.m.venkateswaran special government pleader, for r6order[order of the court was made by m.sundar, j.,] subject matter of the captioned 'writ petition' {hereinafter 'wp' for the sake of brevity, clarity and convenience} is 'land comprised in s.no.15 page nos.3/7 abdullapuram village, vellore taluk, vellore district' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.2. prayer in the captioned wp is predicated on a 'representation dated03.02.2025' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} wherein, writ petitioners have alleged encroachment in said land and sought removal of the same.3. inaction on the part of official respondents has necessitated the captioned wp is ms.d.malarvizhi, learned writ petitioners' counsel say.4. issue notice to official respondents i.e., r1 to r6.5. mr.v.ravi, learned special government pleader, accepts notice forr1 to r5 and mr.m.venkateswaran, learned special government pleader, accepts notice for r6 and both learned state counsel submit in one voice that survey of said land by r3 is in the anvil, survey report will be drawn up and if encroachments are found, suitable action under appropriate statute will be initiated.6. suitable action under appropriate statute necessarily means that private respondents i.e., r7 to r23 and/or any other alleged encroacher/s will be show-caused. page nos.4/77. this court makes it clear that all rights and contentions of privaterespondents i.e., r7 to r23 and / or any other alleged encroacher(s)/noticee(s) who is/are show caused, shall stand preserved untrammelled by this order. this further means that this order does not touch upon the rights of private respondents i.e., r7 to r23.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
1. E.Rishikesh S/o.Elumalai
2. E.Revanth S/o.Elumalai
3. E.Selvi W/o.Elumalai
4. A.Elumalai S/o.Angamuthu ...Petitioners Vs
1. The District Collector Sathuvachari, Vellore-9.
2. The Revenue Divisional Officer Sathuvacahri, Vellore-9. Page Nos.1/7
3. The Thasildhar Velappadi, Vellore Vellore District - 632 001.
4. The Divisional Engineer Highways Department
5. The Assistant Divisional Engineer Highways Department Construction and Maintenance
6. The Block Development Officer Kosapet, Vellore.
7. S.Sampath
8. Saravanan
9. Kathavaryan
10. Yasodha, W/o.Ekambaram
11. Bhavani
12. Punniakodi
13. Gopi
14. Shiva, S/o.Parasuraman
15. Kasi
16. Mannu
17. Manohar Page Nos.2/7
18. Ravi & Singh Communications
19. A.Sakthivel
20. Jaya, W/o.Anandan
21. Venda
22. Lakshmi, W/o.Loganathan
23. Selvaraj ...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 to dispose of the representation dated 03.02.2025 and to take necessary action against the respondents 7 to 23 who had illegally encroached in S.No.15 Abdullapuram to Oosur Highways [Airport airstrip] Road. For Petitioners : Ms.D.Malarvizhi For Respondents : Mr.V.Ravi Special Government Pleader for R1 to R5 Mr.M.Venkateswaran Special Government Pleader, for R6

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Subject matter of the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, clarity and convenience} is 'land comprised in S.No.15 Page Nos.3/7 Abdullapuram Village, Vellore Taluk, Vellore District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.

2. Prayer in the captioned WP is predicated on a 'representation dated

03.02.2025' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} wherein, writ petitioners have alleged encroachment in said land and sought removal of the same.

3. Inaction on the part of official respondents has necessitated the captioned WP is Ms.D.Malarvizhi, learned writ petitioners' counsel say.

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

5. Mr.V.Ravi, learned Special Government Pleader, accepts notice for

R1 to R5 and Mr.M.Venkateswaran, learned Special Government Pleader, accepts notice for R6 and both learned State Counsel submit in one voice that survey of said land by R3 is in the anvil, survey report will be drawn up and if encroachments are found, suitable action under appropriate Statute will be initiated.

6. Suitable action under appropriate Statute necessarily means that private respondents i.e., R7 to R23 and/or any other alleged encroacher/s will be show-caused. Page Nos.4/7

7. This Court makes it clear that all rights and contentions of private

respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s) who is/are show caused, shall stand preserved untrammelled by this order. This further means that this order does not touch upon the rights of private respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s).

8. In this view of the matter, there is no impediment in taking up the main WP in the Admission Board with the consent of learned counsel for writ petitioners and learned State Counsel. We do so.

9. Learned State Counsel submits that survey which is in the anvil

will be done within four weeks from today i.e., on or before 18.04.2025. Learned State Counsel further submits that survey report will be drawn up and if any encroachment/s is/are found, suitable action under appropriate Statute will be commenced within another four weeks therefrom i.e., on or before 16.05.2025.

10. This Court is of the considered view that it will suffice, if the stated position of learned State Counsel is recorded for giving a closure to the captioned WP. Page Nos.5/7

Captioned WP disposed of recording the stated position of learned State Counsel (to be noted, it is recorded as an undertaking given by learned State Counsel). There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.] 21.03.2025 Index : Yes / No Neutral Citation : Yes / No

Speaking order / Non-speaking order

mk To

1. The District Collector Sathuvachari, Vellore-9.

2. The Revenue Divisional Officer Sathuvacahri, Vellore-9.

3. The Thasildhar Velappadi, Vellore Vellore District - 632 001.

4. The Divisional Engineer Highways Department

5. The Assistant Divisional Engineer Highways Department Construction and Maintenance

6. The Block Development Officer Kosapet, Vellore. Page Nos.6/7 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 21.03.2025 (2/2) Page Nos.7/7

Same Court & Year Chennai · 2025 Same Parties E.Rishikesh vs The District Collector Same Judge Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Gov...