V.Deivam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2021 CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.12172 of 2021 V.Deivam ..
Petitioner Vs.
1. The District Collector The District Collector Office
2. The Block Development Officer The District Collector Office Kaveripatinam
3. Inspector General of Registration Office of the DIG Registration Krishnagiri District.
4. The District Registrar Krishnagiri Krishnagiri District.
5. The Sub Registrar Kaveripattinam Krishnagiri District.
6. The Tahsildar Krishnagiri Taluk Office Krishnagiri District.
7. The Village Administrative Officer Paiyur Krishnagiri Taluk and District.
8. Superintendent of Police District Crime Branch Office of the Superintendent of Police Krishnagiri District
9. Chinnasamy ..
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus directing the sixth respondent to consider the petitioner's representation dated 05.10.2020 to remove the illegal encroachment by the ninth respondent in Natham Survey No.873, Re-survey No.1041/10, admeasuring up to 0.09.78 sq.ft., Bommasamuthram Village, Krishnagiri Taluk, Krishnagiri District within a stipulated time. For Petitioner : Mr.M.D.Thirunavukkarasu For Respondent : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.P.Muthukumar Counsel for State for respondents 1 to 8
ORDER
(Made by SENTHILKUMAR RAMAMOORTHY,J) The petitioner complains of an alleged encroachment of Natham Survey No.873, Re-survey No.1041/10 at Bommasamuthram Village, Krishnagiri Taluk, Krishnagiri District.
2. The petitioner asserts that the Government had laid a concrete road in the village and that such road is being put to use by the residents of the village for more than 20 years. It is further stated that the ninth respondent has encroached upon the road and is constructing a building thereon. In spite of the petitioner making a representation on 05.10.2020 to remove such illegal encroachment, no action has been taken thereon.
3. Learned counsel for the Government, Mr.P.Muthukumar, accepts notice on behalf of respondents 1 to 8 and submits that the representation of the petitioner would be considered and disposed of by the sixth respondent within a reasonable time frame.
4. Accordingly, without going into the merits of the matter, the sixth respondent is directed to consider the representation dated 05.10.2020 of the petitioner and dispose of the same by a reasoned order, after providing a reasonable opportunity to the petitioner and the ninth respondent. Such reasoned order shall
be passed within a period of eight weeks from the date of receipt of a copy of this order.
5. In view of the fact that the merits of the matter have not been gone into and because the sixth respondent has been directed to hear the ninth respondent before passing the order, the writ petition is disposed of without notice to the ninth respondent.
W.P.No.12172 of 2021 is disposed of on the above terms. There will be no order as to costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kpl To
1. The District Collector The District Collector Office
2. The Block Development Officer The District Collector Office Kaveripatinam
3. Inspector General of Registration Office of the DIG Registration Krishnagiri District.
4. The District Registrar Krishnagiri Krishnagiri District.
5. The Sub Registrar Kaveripattinam Krishnagiri District.
6. The Tahsildar Krishnagiri Taluk Office Krishnagiri District.
7. The Village Administrative Officer Paiyur Krishnagiri Taluk and District.
8. Superintendent of Police District Crime Branch Office of the Superintendent of Police Krishnagiri District +1cc to the Government Pleader, S.R.No.27405 W.P.No.12172 of 2021 RSV(CO) CB(13/07/2021)