B.Geetha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.451, 564, 570 and 574 of 2019 and WMP Nos.468, 573, 575 and 580 of 2019 B.Geetha

...Petitioner

in W.P.No.451 of 2019 R.Saraswathy

...Petitioner

in W.P.564 of 2019 K.Saraswathy

...Petitioner

in W.P.No.570 of 2019 N.Selvaraj

...Petitioner

in W.P.No.574 of 2019 Vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamali.

2.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.

4.The Block Development Officer, Thiruvannamalai District, Thiruvannamalai.

...Respondents

in all W.Ps.

Prayer in W.P.451/2019:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to forbear the respondents from constructing the park in the petitioner's patta property situated in Survey No.57/1, New Survey No.57/34A, Su.Kilnachipattu Village, Thiruvannamalai District in Patta NO.499 totally to an extent of 2400 sq.ft. Prayer in W.P.564/2019:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to

forbear the respondents from constructing the park in the petitioner's patta property situated in Survey No.57/1, New Survey No.57/33, Su.Kilnachipattu Village, Thiruvannamalai District in Patta NO.235 totally to an extent of 2400 sq.ft. Prayer in W.P.570/2019:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to forbear the respondents from constructing the park in the petitioner's patta property situated in Survey No.57/1, Survey No.57/34C, Su.Kilnachipattu Village, Thiruvannamalai District in Patta NO.501 totally to an extent of 1200 sq.ft. Prayer in W.P.574/2019:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to forbear the respondents from constructing the park in the petitioner's patta property situated in Survey No.57/1, Survey No.57/34B, Su.Kilnachipattu Village, Thiruvannamalai District in Patta NO.500 totally to an extent of 1200 sq.ft. For Petitioner :

Mr.B.Gopalakrishnan in all W.Ps.

For Respondents :

Mr.I.Sathish for R1 to R4 in W.Ps.451,570 Additional Government Pleader & 574/19 For R1 to R3 : Mr.I.Sathish in W.P.564/19 Additional Government Pleader For R4 Mr.G.B.Rajesh in W.P.564/19 in W.P.564/19 Government Advocate C O M M O N O R D E R In all these writ petitions, the respective petitioner seeks for a mandamus forbearing the respondents from constructing park in their respective patta lands referred to in these writ petitions.

2. According to the petitioners, the respondents are trying to establish a park in their respective patta lands without having any authority or title. Ventilating such grievance, the petitioners made their respective representations on 19.12.2018. Since the said representations have not been considered so far, the present writ petitions are filed before this Court.

3. This Court is not expressing any view on the merits of the claim made by the petitioners, as it is for the fourth respondent to consider and dispose the representations of the petitioners on merits and in accordance with law. Thus, these

writ petitions are disposed of only by directing the fourth respondent to consider the representations of the petitioners dated 19.12.2018 within a period of six weeks from the date of receipt of a copy of this order. Till an order is passed by the fourth respondent, the respondents are directed not to proceed with any construction in the subject matter property. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar vri To 1.The District Collector, Tiruvannamalai District, Tiruvannamali.

2.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.

4.The Block Development Officer, Thiruvannamalai District, Thiruvannamalai.

+1cc to Mr.B.Gopalakrishnan, Advocate SR.No.23294 +1cc to Government Pleader SR.No.24187 W.P.Nos.451 of 2019 564, 570, 574/2019 MG(CO) GMY(04/04/2019)