Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.7153 of 2023 Ganesan ..

Petitioner Vs.

1. The District Collector Dharmapuri District.

2. The District Revenue Officer Dharmapuri District.

3. The Revenue Divisional Officer Dharmapuri.

4. The Tahsildar Pennagaram Dharmapuri District.

5. Thirupathi ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 5 to dispose of the petitioner's representation dated 1.08.2022 for removal of encroachment made by the fifth respondent in Koothapadi

Village survey No.439 in Patta No.21.

For the Petitioner : Mr.M.Ravi For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents to dispose of his representation dated 01.08.2022 seeking removal of encroachment made by the fifth respondent in survey No.439, Koothapadi Village.

2. The grievance of the petitioner is that the fifth respondent has encroached the common pathway, granted by the fourth respondent and thereby blocking way to his house. Hence, he made representations to the first respondent on 01.08.2022 and 22.08.2022 to remove the encroachment made by the fifth

respondent. As no action was taken, he has come up with this writ petition.

3. A perusal of the photographs enclosed in the typed set of papers would show that the pathway to the house of the petitioner has been completely encroached.

4. Learned Special Government Pleader, accepting notice for the respondents 1 to 4, sought four weeks' time to consider the representation of the petitioner and to pass orders.

5. In view of the above, this writ petition is disposed of, directing the respondents 1 to 4 to consider the representations of the petitioner dated 01.08.2022 and 22.08.2022 and remove the encroachment made in the common pathway, within four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 09.03.2023 Index : Yes/No

: Yes/No kpl To

1. The District Collector Dharmapuri District.

2. The District Revenue Officer Dharmapuri District.

3. The Revenue Divisional Officer Dharmapuri.

4. The Tahsildar Pennagaram Dharmapuri District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 09.03.2023