← Library
Madras High CourtWP/6023/2021disposed of

G.Aumuthu v. The District Collector

2021-06-28Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.06.2021 Coram The Honourable Mr.Justice D.KRISHNAKUMAR W.P.No.6023 of 2021 and W.M.P.No.6675 of 2021 G.Aumuthu

...Petitioner

Versus

1. The District Collector,

2. The Block Development Officer, Sub Collector,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the second respondent or their men or agent or any interfered with the peaceful possession of the petitioner Patta land for the S.No.218/A, S.No.218/8B to the extent of 1.56 Cents situated at Mandalavadi Village, Tirupathur Taluk, Tirupattur District in boundaries East by Road, on the South by the road, on the West by the land of Aasaithambi and on the North by the land of Subramani.

For Petitioner :

Mr.Karan For Respondent - 1 :

Mr.M.R.Gokul Krishnan, Government Advocate

O R D E R

(The case has been heard through video conference) The relief sought for by the petitioner in the present writ petition is to forbear the second respondent or their men or agent or any interfered with the peaceful possession of his Patta land situated in S.Nos.218/A & 218/8B to the extent of 1.56 Cents at Mandalavadi Village, Tirupathur Taluk, Tirupattur District in boundaries East by Road, on the South by the road, on the West by the land of Aasaithambi and on the North by the land of Subramani.

2. The learned counsel for the petitioner would submit that the petitioner is the owner of the Patta land situated in S.Nos.218/A & 218/8B to the extent of 1.56 Cents at Mandalavadi Village, Tirupathur Taluk, Tirupattur District. He would further submit that on 11.02.2021, the second respondent has encroached the petitioner's land and put up a bore well therein. He would also submit that the second respondent has erected the bore well in the petitioner's property without issuing any prior notice to him, and therefore, the petitioner gave a representation to the first respondent, requesting him to forbear the second respondent from erecting the bore well in his property, however, the said representation is pending before the first respondent.

3. The learned Government Advocate appearing for the first respondent would fairly submit that the petitioner's representation would be duly considered by the first respondent and appropriate orders would be passed therein, within a time frame, as stipulated by this Court.

4. Heard the learned counsel for both sides.

5. In view of the submission made by the learned Government Advocate appearing for the first respondent, this Court directs the first respondent to consider the petitioner's representation dated 12.02.2021 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrr To

1. The District Collector,

2. The Block Development Officer, Sub Collector, +1 CC to The Government Pleader, Sr 29833.

W.P.No.6023 of 2021 PCH(CO) SP(15/07/2021)