S.Ranganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ S.RANGANATHAN .. Petitioner Vs

1. THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT, KANCHEEPURAM - 631 501.

2. THE TAHSILDAR, UTHIRAMERUR TALUK, UTHIRAMERUR - 603 107.

3. G.VIJAYAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to remove the encroachment made by the 3rd respondent G.Vijayan, S/o.Ganapathy in the Government Poramboke land in Survey No.291 at Edamachi Village, Uthiramerur Taluk, Kanchipuram District by putting up an asbestos sheet house and few other unknown persons by putting a fence and blocking the free flow of rain water to village pond and the cattle to reach the grass land based on the petitioner's finally made representation dated 11.10.2022 within a time frame.

For the Petitioner : A.Lakshminarasimhan For the Respondents : Mr.Karthik Jeganathan Government Advocate for respondents 1 and 2

ORDER

(Order of the court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of writ of mandamus directing respondents 1 and 2 to remove the encroachment made by the third respondent in the government poramboke land in Survey No.291 at Edamachi Village, Uthiramerur Taluk, Kanchipuram District, by putting up an asbestos sheet house and by few other unknown persons by putting a fence and blocking the free flow of rain water to village pond and the cattle to reach the grass land based on the petitioner's representation dated 11.10.2022.

2. Learned Special Government Pleader appearing on behalf of the respondents submits that the representation of the petitioner would be considered on merits and, if required, survey of the land in

question would be conducted by the authorities concerned and if it is found that there are encroachments, then action would be taken against the encroachers in accordance with law.

3. In the light of the said submission, the writ petition is disposed of with a direction to the respondent authorities to consider the representation of the petitioner dated 11.10.2022 purely on merits and, if required, the authorities may conduct a survey of the land in question and thereafter take appropriate action, in accordance with law. The entire exercise shall be completed by the respondent authorities within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 27.02.2024 Index :

No No sasi To

1. THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT, KANCHEEPURAM - 631 501.

2. THE TAHSILDAR, UTHIRAMERUR TALUK, UTHIRAMERUR - 603 107.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 27.02.2024