N.Senthilkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ N.SENTHILKUMAR .. Petitioner Vs

1. THE DISTRICT COLLECTOR O/O THE COLLECTORATE CUDDALORE DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER VIRUDHACHALAM, CUDDALORE DISTRICT

3. THE THASILDAR TITTAGUDI, CUDDALORE DISTRICT.

4. DEIVANAI

5. SENTHIL SARAVANAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to initiate appropriate action to remove the encroachments in Gudalur Village S.No.75/1 situated at Tittagudi Taluk, Cuddalore District, on the basis of the petitioner's representation dated 17.11.2023.

For the Petitioner : Mr.T.Arockia Dass for M/s.Dass and Viswa Associates For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 to 3

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to initiate appropriate action to remove the encroachments in Gudalur Village S.No.75/1 situated at Tittagudi Taluk, Cuddalore District, on the basis of the petitioner's representation dated 17.11.2023.

2. It is the specific contention of learned counsel for the petitioner that the private respondents herein, though are possessing patta land adjacent to a waterbody, have encroached certain portion of the waterbody, against which the petitioner has submitted a representation to the respondent authorities and the said representation has not seen the light of the day.

3. Considering the submission made by learned counsel for the

petitioner, this Court is of the view that it would be appropriate to direct the respondent authorities to consider the representation of the petitioner on merits and in accordance with law.

4. Accordingly, the writ petition is disposed of by directing the respondents to consider the representation of the petitioner dated 17.11.2023 and pass orders on merits and in accordance with law, after affording opportunity to the petitioner as well as the private respondents, 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.) 29.02.2024 Index :

Yes/No Yes/No bbr

To

1. THE DISTRICT COLLECTOR O/O THE COLLECTORATE CUDDALORE DISTRICT.

2. THE REVENUE DIVISIONAL OFFICER VIRUDHACHALAM, CUDDALORE DISTRICT

3. THE THASILDAR TITTAGUDI, CUDDALORE DISTRICT.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(bbr) 29.02.2024