N.Sankaran v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.7719 of 2017 N.Sankaran ... Petitioner Vs.

1. The District Collector Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer Krishnagiri Taluk, Krishnagiri District.

3. The Tahsildar Krishnagiri Taluk, Krishnagiri District.

4. K.Gopal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing respondents 1 and 3 herein to dispose of the representation dated 11.10.2016. For Petitioner : Mr.K.V.Babu For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for respondents 1 to 3

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for respondents 1 to 3. Notice to the fourth respondent is dispensed with.

2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing respondents 1 and 3 herein to dispose of the representation dated 11.10.2016. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner alleges that the fourth respondent has encroached upon the public road and is attempting to put up permanent cement structure there.

The petitioner sent representation to the respondent authorities on 11.10.2016, but till date no action has been taken by the said respondents. Hence, the present writ petition to direct the respondent authorities to dispose of the petitioner's representation dated 11.10.2016.

4. Considering the narrow scope of the prayer made, we direct the third respondent to consider the representation of the petitioner dated 11.10.2016 and do the needful at the earliest, of course after issuing a notice to the fourth respondent and following the procedure contemplated under law. At this juncture, the learned counsel for the petitioner pleaded that the fourth respondent is taking steps to obtain electricity service connection to the said structure put up by encroaching the public road. We make it clear that if the structure is put up on public road by encroaching it, the respondent authorities shall take steps to prohibit grant of electricity service connection to the fourth respondent.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer Krishnagiri Taluk, Krishnagiri District.

3. The Tahsildar Krishnagiri Taluk, Krishnagiri District.

+1cc to Mr.K.V.Babu, Advocate, S.R.No.19675 +1cc to the Government Pleader, S.R.No.19807 W.P.No.7719 of 2017 SCD(CO) CA(12/04/2017) https://hcservices.ecourts.gov.in/hcservices/