M.Govindaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.7718 of 2021 M.Govindaraj ...
Petitioner Vs.
1.The District Collector, Dharmapuri District, Dharmapuri - 636 705.
2.The District Revenue Officer, Dharmapuri - 636 705.
3.The Revenue Divisional Officer, Dharmapuri.
4.The Tahsildar Nallampalli Taluk, Nallampalli, Dharmapuri District.
5.Ramachandran 6.Sahadevan 7.Raman 8.Lakshmanan 9.Dhanasekaran ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to consider the representation dated 13.07.2020 of the petitioner regarding removal of encroachments in Survey No.343, which is classified as Grazging Poramboke (Meichal Tharai) of an extent of 1.24.0 hectares situation of Adhiyamankottai Village, Nallampalli Taluk, Dharmapuri District in the light of G.O.Ms.No.540, Revenue (LD6(2) Department dated 04.12.2014.
For Petitioner :
Mr.R.Dhanasekar For Respondents:
Mr.V.Jayaprakash Narayanan Government Pleader for R1 to R4
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner complains of alleged encroachment by respondents 5 to 9 in Survey No.343 of Adhiyamankottai Village, Nallampalli Taluk, Dharmapuri District
2. The writ petitioner, who is a resident of Mattukkaran Kottai Village, Adhiyamankottai, states that the lands in Survey No.343, which are about 3.06 acres in extent are classified as Meichal Tharai in the relevant revenue records. It is further asserted that respondents 5 to 9 have occupied these lands and are in the process of forming a layout and selling plots. In spite of submitting multiple representations, no action has been taken thereon.
3. Mr.V.Jayaprakash Narayanan, learned State Government Pleader, accepts notice on behalf of respondents 1 to 4 and submits that the petitioner's representation would be considered and disposed of by the fourth respondent.
4. In the aforesaid facts and circumstances, without examining the merits of the representation dated 03.08.2020, the fourth respondent is directed to consider the representation dated 03.08.2020 and dispose of the same by a reasoned order after providing a reasonable opportunity to all parties affected thereby, including the respondents 5 to 9 herein. In view of the fact that the merits of the matter have not been examined and because the fourth respondent has been directed to hear respondents 5 to 9 before deciding the matter, the writ petition is being disposed of without notice to the respondents 5 to 9. The aforementioned reasoned order shall be issued within a period of eight weeks from the date of receipt of a copy of this order.
5. W.P.No.7718 of 2021 is disposed on the above terms. There will be no order as to costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rrg
To:
1.The District Collector, Dharmapuri District, Dharmapuri - 636 705.
2.The District Revenue Officer, Dharmapuri - 636 705.
3.The Revenue Divisional Officer, Dharmapuri.
4.The Tahsildar Nallampalli Taluk, Nallampalli, Dharmapuri District.
+1 cc to Government Pleader Sr.No. 19926 W.P.No.7718 of 2021 A.SK(17.04.2021)