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Madras High CourtWP/3243/2018disposed of

S. Narayanasamy v. The District Collector

2018-02-19Honourable The Chief Justice,Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE ABDUL QUDDHOSE W.P. No.3243 of 2018 S.Narayanasamy .. Petitioner -vs1.The District Collector, Krishnagiri, Krishnagiri District.

2.The Sub Collector, Sub Collector Office, Hosur 635 109, Krishnagiri District.

3.The Block Development Officer, Block Development Office Compound, Hosur Taluk, Krishnagiri District.

4.The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents from putting up any illegal construction in the land classified as Vari Poromboke and being utilized as play ground in the name and style of Mahatma Gandhi Youth Play Ground in Survey No.809 A2 of Onnalvadi Village (Navathi Village), Hosur Taluk , Krishnagiri District and direct the respondents to consider petitioner's representation dated 20.11.2017 and subsequent reminders dated 11.12.2017 and 08.01.2018, within the time to be stipulated by this Court.

For Petitioner :

Mr.S.Venkatesh For Respondents :

Mr.E.Manoharan Addl.G.P.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) In this writ petition under Article 226 of the Constitution of India by way of Public Interest, the petitioner, a resident of Navathi Village under the Hosur Post Office in Krishnagiri District, has sought orders restraining the respondents from putting up any construction in the land classified as Vari Poramboke in S.No.809/A2 of Onnalvadi (Navathi) Village in the Hosur Taluk of Krishnagiri District and being utilised as play ground in the name and style of 'Mahatma Gandhi Youth Playground'.

2. Learned Additional Government Pleader appearing on behalf of the respondents submits on instructions that the land comprised in S.No.809/A2 referred to in the writ petition is a water body and there can be no question of permission to construct any ration shop or for that matter, any other shop thereat. No permission has either been sought or given for construction on the land in question. Learned Additional Government Pleader appearing on behalf of the respondents submits that the land specified in the prayer of the writ petition is Government poramboke land and a water body. However, in the representation referred to in the writ petition, the petitioner has also referred to Survey Nos.907, 908 and 909, which are patta lands.

3.Since the prayer is restricted to S.No.809/A2 of Onnalvadi (Navathi) Village, no further order need be passed in this writ petition, which stands disposed of. No costs. Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Krishnagiri, Krishnagiri District.

2.The Sub Collector, Sub Collector Office, Hosur 635 109, Krishnagiri District.

3.The Block Development Officer, Block Development Office Compound, Hosur Taluk, Krishnagiri District.

4.The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District.

+1cc to Mr.R.Bharathkumar, Advocate Sr.No.12614 +1cc to Government Pleader sR.No.12619 VGI(CO) sm:14.3.2018 W.P.No.3243 of 2018