Kalvarayan.L v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.6850 of 2020 L.Kalvarayan .. Petitioner -vs1.The District Collector, The Collector Office, Villupuram District.

2.The Sub-District Collector, Sub-Collector Office, Kallakurichi, Villupuram District.

3.The District Revenue Officer, The Collector Office, Villupuram District.

4.The Tahsildar, The Tahsildar Office, Sankarapuram.

5.Rajammal 6.M.Anbazhagan 7.M.Vedan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to consider the representation dated 03.10.2019 and consequently directing the respondents 1 to 4 to remove the encroachment from the water Canal porambokku land within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.M.Dharani Dharan

For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for respondent Nos.1 to 4

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy,J.) The petitioner complains about encroachments in a water canal poramboke land. The petitioner asserts that respondents 5 to 7 have encroached upon a property situated at Arasarampattu Village in Villupuram District, Tamil Nadu, bearing S.No.76/18 of an extent of 0.16 cents.

In spite of issuing a representation on 03.10.2019 to the official respondents to remove such encroachments, no action has been taken thereon.

2. Learned State Government Pleader appears on behalf of respondents 1 to 4 and states that the representation would be considered and disposed of after hearing all the affected parties.

3. Accordingly, without examining the merits or tenability of the representation dated 03.10.2019, the fourth respondent is directed to consider such representation and dispose of the same by a reasoned order, after providing a reasonable opportunity to all the affected parties, including respondents 5 to 7. Such reasoned order is directed to be passed within a period of eight weeks from the date of receipt of a copy of this order.

4. On account of the fact that the merits of the matter have not been examined and the fourth respondent has been directed to hear respondents 5 to 7 before passing orders, the writ petition is disposed of without hearing respondents 5 to 7.

5. W.P.No.6850 of 2020 is disposed of on the above terms. There will be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr

To:

1.The District Collector, The Collector Office, Villupuram District.

2.The Sub-District Collector, Sub-Collector Office, Kallakurichi, Villupuram District.

3.The District Revenue Officer, The Collector Office, Villupuram District.

4.The Tahsildar, The Tahsildar Office, Sankarapuram.

+1cc to Mr.M.Dharani Dharan, Advocate SR.No. 17228 +1 cc to Government Pleader Sr.No. 17138 W.P.No.6850 of 2020 A.SK(31.03.2021)