M.Rajinikanth v. The District Collector

ORDER [made by K. GOVINDARAJAN THILAKAVADI, J.] This writ petition has been filed seeking a writ of mandamus directing the official respondents (RR 1 to 5) to consider and pass orders on the petitioner's representations dated 30.06.2023 and

05.10.2023 within a time frame.

¶2In the aforesaid two representations addressed to the official respondents, it has been stated by the writ petitioner that the sixth respondent and some others have encroached upon the irrigation field of Allinagar Lake in Polur Taluk, Tiruvannamalai District and hence, action may be taken to remove the said encroachment. Page Nos.2/6

¶3The case of the writ petitioner is that though more than a year has passed by since his second representation, no action has been taken by the official respondents for removal of encroachment and this has necessitated him to file the captioned writ petition.

¶4Issue notice to official respondents (RR 1 to 5).

¶5Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents. Adverting to the communication dated 26.07.2023 addressed by R4 (Assistant Engineer, Water Resource Department) to the petitioner, which is enclosed at page no.20 of the typed set of papers, wherein, it is categorically stated that action for removal of encroachment is underway, learned State counsel submitted that survey has been conducted, action is being taken under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007) and the entire exercise will be completed at the earliest. A scanned reproduction of the said communication of R4, for the sake of ready reference, is as follows: Page Nos.3/6 Page Nos.4/6

¶6Considering the aforesaid submissions of the learned State counsel, we direct the official respondents to take action in accordance with law, which is applicable for removal of the alleged encroachment, within a period of eight weeks from today, i.e., on or before

25.04.2025, of course, after show causing R6 and any other alleged encroacher/s. It is made clear that the rights and contentions of R6 and any other alleged encroacher/s are preserved when show caused. Since no order is passed adverse to the interest of R6 (private respondent), notice to R6 is dispensed with.

¶7With the above direction and observations, this writ petition stands disposed of, however, sans costs. (M.S., J.) (K.G.T., J.)

28.02.2025 cad Index : NC : Page Nos.5/6

M.SUNDAR, J. and

K. GOVINDARAJAN THILAKAVADI, J. cad To:

¶1The District Collector District Collector Office Tiruvannamalai

¶2The Revenue Divisional Officer Revenue Divisional Office Arani Tiruvannamalai

¶3The Tahsildar Taluk Office Polur Tiruvannamalai

¶4The Assistant Engineer Water Resources Department Madhya Pennaiyaru Vadinila Pasana Pirivu Polur Tiruvannamalai

¶5The Assistant Executive Engineer PWD – Water Resource Department Polur Thiruvannamalai

28.02.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2025 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.6906 of 2025 M. Rajinikanth Petitioner vs. 1. The District Collector District Collector Office Tiruvannamalai 2. The Revenue Divisional Officer Revenue Divisional Office Arani Tiruvannamalai 3. The Tahsildar Taluk Office Polur Tiruvannamalai 4. The Assistant Engineer Water Resources Department Madhya Pennaiyaru Vadinila Pasana Pirivu Polur Tiruvannamalai 5. The Assistant Executive Engineer PWD – Water Resource Department Polur Thiruvannamalai Page Nos.1/6 6. Anandhan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 30.06.2023 and 05.10.2023. For petitioner Mr. V. Logesh For RR 1 to 5 Mr. T.K. Saravanan Additional Government Pleader