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Madras High CourtWP/7038/2017disposed of

S.P.Munusamy Nagar Kudiyirupor v. The District Collector,

2017-03-23Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.7038 of 2017 S.P.Munusamy Nagar Kudiyirupor Podhu Nala Sangam, (S.P.Munusamy Nagar Residents' General Welfare Association) rep. by its Secretary, Plot No.5, 5th Street, S.P.Munusamy Nagar, Pethikuppam Village, Gummidipoondi Taluk, Tiruvallur District.

.. Petitioner Vs.

1 The District Collector O/o.the District Collector Thiruvallore District 2 The District Revenue Officer O/o. the District Revenue Officer Thiruvallore District.

3 The Revenue Divisional Officer O/o.the Revenue Divisional Officer Ponneri Thiruvallore District.

4 The Tahsildhar Gummudipoondi Taluk Thiruvallore District.

5 The Divisional Engineer Highways Department Thiruvallur, Thiruvallore District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to dispose of the petitioner's representation dated 10.02.2017 by considering the same on merits.

For Petitioner : Mr.D.Dayanithi For Respondents : Mr.M.K.Subramanian Government Pleader

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the respondents.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The petitioner has filed this writ petition seeking for issuance of a writ of mandamus directing the respondents to dispose of the representation of the petitioner dated 10.02.2017.

4. It is the case of the petitioner that one Bhoobalan settled his property to an extent of 4611 square feet to his daughter and she being the wife of the Tahsildar, Gummidipoondi Taluk, he transferred patta in respect of the property. The petitioner sent representation to the respondent authorities to remove the encroachments made in the land of State Highways in S.No.235 and in Old S.No.236, New S.No.236/3B1A1, situated at Pethikupam village, Gummidipoondi Taluk. Though, the District Revenue Officer directed respondents 4 and 5 to take steps to remove the encroachment, no action was taken. On 10.2.2017, the petitioner sent representation to the respondent authorities and the same was also not considered so far.

5. The learned Government Pleader submits that the fifth respondent is the competent authority to dispose of the representation of the petitioner.

6. Considering the narrow scope of the prayer made in the writ petition, we direct the fifth respondent to dispose of the representation of the petitioner dated 10.2.2017 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

7. The writ petition, accordingly, stands disposed of. No costs.

s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar

bbr To:

1 The District Collector O/o.the District Collector Thiruvallore District 2 The District Revenue Officer O/o. the District Revenue Officer Thiruvallore District.

3 The Revenue Divisional Officer O/o.the Revenue Divisional Officer Ponneri Thiruvallore District.

4 The Tahsildhar Gummudipoondi Taluk Thiruvallore District.

5 The Divisional Engineer Highways Department Thiruvallur, Thiruvallore District.

+1cc to MR.D.Dayanithi, Advocate SR.No.18783 +1cc to Government Pleader SR.No.18699 W.P.No.7038 of 2017 KS(CO) GN(07/04/2017)