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S.R.Kanthasamy vs The District Collector

Madras High Court|27 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal. Mrs.M.E.Rani Selvam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4.
2 The petitioner, in the affidavit filed in support of this writ petition would aver among other things that he is the owner of the agricultural lands admeasuring to an extent of 4.59 acres comprised in Survey No.533/2, Naduvallur Village, Gangavalli Taluk, Salem District, through a registered Sale Deed bearing Document No.1/2000 dated 03.01.2000 and he claims to be in possession and enjoyment of the same right from the date of the said purchase. According to the petitioner, a stream [Odai] is located in S.Nos.529 and 531 of the said village and the Village Accounts/Revenue Records of Naduvallur Village would also disclose the said fact. The petitioner would further aver that during rainy season, there used to be a steady flow of water and it is used for agricultural purpose by the petitioner as well as by the neighbouring land owners. However, to the shock and surprise of the petitioner, the 5th respondent has encroached upon the said stream and dug a well and in this regard, representations dated 05.09.2017 and 14.11.2017 respectively were submitted to the respondents 1 to 4 and despite receipt and acknowledgment, he is yet to be favoured with any kind of response and hence, the petitioner came forward to file this writ petition.
3 This Court heard the submissions of the learned counsel for the petitioner and Mrs.M.E.Rani Selvam, learned Additional Government Pleader appearing for the respondents and also perused the materials placed before this Court.
4 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representations or in this writ petition, directs the 4th respondent to put the petitioner as well as the 5th respondent on notice and thereafter, cause inspection of the land in S.Nos.529 and 531 of Naduvallur Village, Gangavalli Taluk, Salem District, and depending upon the result of the same, shall take further action in accordance with law within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the 5th respondent herein.
5 The writ petition stands disposed of with the above direction. No costs.
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Title

S.R.Kanthasamy vs The District Collector

Court

Madras High Court

JudgmentDate
27 November, 2017