TAMILSELVAN Vs. DISTRICT COLLECTOR, THANJAVUR DISTRICT AND OTHERS

JUDGEMENT

(1.) Heard Mr.V.Illanchezian, learned counsel appearing for the petitioner, Mr.D.Muruganandham, learned Additional Government Pleader appearing for the respondent Nos.1 to 3 and 5 and Mr.Aayiram K.Selvakumar, learned counsel for the 4th respondent.

(2.) Since we are inclined to dispose of the writ petition without issuing any positive direction, notice to the 6th respondent is dispensed with.

(3.) The grievance of the petitioner is that the 6th respondent has encroached a channel leading to a public tank and in this regard, the petitioner submitted a representation to the Hon'ble Chief Minister's Special Cell on 16.02.2016. This representation triggered necessary action. It appears that the Headquarters Deputy Tahsildar, Pattukkottai, had conducted an inspection and found that there is encroachment, and the Tahsildar, Pattukkottai - the 3rd respondent herein forwarded the report of the Headquarters Deputy Tahsildar to the 5th respondent. Unfortunately, the 3rd respondent did not cause verification as to whether the tank was under the control of the Public Works Department or otherwise. Though the communication, dated 14.09.2016, was received by the 5th respondent, no action appears to have been taken, presumably because the tank was not under the control of the Public Works Department. Once again, the Tahsildar sent a communication on 18.07.2017 to the 5th respondent reiterating the same stand as in his earlier communication, this was because the petitioner had sought for information under the Right to Information Act. It is only thereafter, it appear that the Revenue officials came to know that the tank is a Panchayat Tank, following under the control and jurisdiction of the 4th respondent. Therefore, the 2nd respondent, vide communication in Na.Ka.No.3085/2017/A5, dated 26.12.2017 had directed the 4th respondent to take action for removal of encroachment. Since no action was taken thereafter, the petitioner is before this Court.