Madras High CourtWP/7200/2025disposed of

G.Perumal v. The District Collector

2025-03-03Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Perumal ... Petitioner vs.

1. The District Collector, District Collector Office, Katpadi Taluk, Vellore District.

2. The Regional Development Officer, Regional Development Office, Katpadi Taluk, Vellore District.

3. The Tahsildar, Katpadi Taluk, Vellore District.

4. The Director, Panchayat Union, Vinnampalli Panchayat, Katpadi Taluk, Vellore District.

5. The Inspector of Police, Melpadi Police Station.

Katpadi Taluk, Vellore District.

6. The Block Development Officer, Katpadi Taluk, Vellore District.

(R3 Suo-Motu impleaded vide order dated 10.03.2024) .. Respondents Writ Petition filed under Article 226 of the Constitution of India Page No.1 of 6

for issuance of a writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 16.12.2024 and protect his agriculture land comprised in Agriculture lands in Patta Nos.1648 & 2136 & Survey No.123/1C1/123/C2A,123/2B3 situated at Vinnampalli Village, Katpadi Taluk and Vellore District.

For Petitioner : Mr.S.Varatharajan For R1 to R4 & R6 : M/s.R.L.Karthika Govt.Advocate For R5 : Mr.R.Kishore Kumar Govt.Advocate (Crl.side)

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The present writ petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 16.12.2024 and protect his agriculture land comprised in Agriculture lands in Patta Nos.1648 & 2136 & Survey No.123/1C1/123/C2A,123/2B3 situated at Vinnampalli Village, Katpadi Taluk and Vellore District.

3. It is the case of the petitioner that he is the owner of the Page No.2 of 6

agriculture lands in S.Nos.123/1C1, 123/1C2A, 123/2B3 situated at Vinnampalli Village, Katpadi Taluk and Vellore District. The petitioner got the above said property by way of Settlement Deed from his father in the year 2001 vide Doc.No.3737/2001 on 03.09.2001. Thereafter, the petitioner changed joint patta Nos.2136 & 1648 in the name of petitioner and enjoying the same. Now the adjacent lands owners and also the rowdy elements are trying to trespass the petitioner's land in the name of protecting the Government land in S.No.123/1C1, 123/1C2A, 123/2B3, the petitioner sent a representation dated 16.12.2024 to the first respondent. Thereafter, the petitioner lodged a complaint dated 19.12.2024 before the 2nd respondent to take action against him. After receiving the same, the 2nd respondent was not issued any CSR and also advised to the petitioner to approach the Court. But, no action has been taken on the said representation. Hence, the petitioner has filed the present writ petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that the Additional Director( Panchayat Union ) Office has given vide letter dated 26.12.2024 bearing Reference Page No.3 of 6

Na.Ka.No.A7/3270/2024 directing the Block Development Officer to take necessary action after inspecting site and a detailed report to be submitted to the petitioner.

5. The learned Additional Government Pleader further submitted that the representation of the petitioner dated 16.12.2024 was submitted to the first respondent, District Collector. Since the representation of the petitioner has to be considered by the Block Development Officer, he has to be impleaded as the sixth respondent in this writ petition. The learned Government Advocate further submitted that the representation will be forwarded to the sixth respondent and the same will be considered on merits and in accordance with law within a time stipulated by this Court.

6. Heard the learned counsel appearing on either side and also perused the materials available on records.

7. In view of the above submissions made by the learned counsel on either side, the Block Development Officer, Katpadi Taluk, Vellore District, is suo-motu impleaded as a party-respondent, namely, 6th Page No.4 of 6

respondent. The sixth respondent is directed to consider the representation of the petitioner dated 16.12.2024 in the light of the letter issued by the Additional Director, (Panchayat ) Office, dated 26.12.2024, after giving due notice to the petitioner as well as the interested parties, affording an opportunity of personal hearing, on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

This writ petition stands disposed of with the above direction, No costs.

27.02.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd Page No.5 of 6

J.SATHYA NARAYANA PRASAD,J.

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