G.Ravi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.8076 of 2022 G.Ravi ... Petitioner -vs1. The District Collector, Vellore, Vellore District.
2. The Revenue Development Officer, Vellore, Vellore District.
3. The Thasildar, Vellore, Vellore District.
4. The Block Development Officer, Kaniyambadi, Vellore District.
5. The Zonal Assistant Block Development Officer, Zone-I, Kaniyambadi Panchayat, Vellore District.
6. Dhayalan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the 3rd respondent to dispose of the petitioner's representation dated 06.12.2021 by removing the encroachments made by the 6th respondent and ensure the common way from Mooligai Pannai to Nanguneri situated in Survey No.227 at Arcoton Gudisai, Munjurpet, Vellore District by affording personal opportunity of hearing within a stipulated time.
For Petitioner : Mr.D.Ajith Kumar For Respondents : Mr.A.Selvendran, 1 to 3 Spl. Govt. Pleader For respondents : Mr.Ravichandran, 4 and 5 Spl. Govt. Pleader
ORDER
(Order of the Court was made by T.RAJA, J.) The petitioner, claiming to be the owner of the land covered in Survey No.227/2A to the extent of 1.93 acres in Arcoton Gudisai, Munjurpet, Vellore District, complaining that the 6th respondent who is his adjacent land owner carrying on brick manufacturing works on commercial basis, using the soil unearthed from the agricultural lands with the help of JCB and other heavy vehicles, has given a representation dated 06.12.2021 to the respondents to remove the encroachment made by the 6th respondent in the land-in-question. But the same has not been considered by the respondents so far. Therefore, the present Writ Petition has been filed seeking a direction to the 3rd respondent to dispose of the petitioner's representation dated 06.12.2021.
2.
Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.Ravichandran, learned Special Government Pleader takes notice for respondents 4 and 5.
3.
Learned Special Government Pleader for the respondents 1 to 3 would submit that the 3rd respondent is the competent authority to consider and dispose of the petitioner's representation dated 06.12.2021.
4.
Considering the facts and circumstances of the matter,, the petitioner is hereby directed to give a copy of the representation dated 06.12.2021 along with a copy of this Order to the Thasildar, Vellore, Vellore District, the 3rd respondent herein, within a period of one week from the date of receipt of a copy of this Order, who on receipt of the same, shall consider and pass a final order on merits and in accordance with law, within a period of four weeks thereafter. Needless to mention that before considering the representation of the petitioner, notice shall be issued to the aggrieved persons. 5.
With the above observation and direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tsi
To
1. The District Collector, Vellore, Vellore District.
2. The Revenue Development Officer, Vellore, Vellore District.
3. The Thasildar, Vellore, Vellore District.
4. The Block Development Officer, Kaniyambadi, Vellore District.
5. The Zonal Assistant Block Development Officer, Zone-I, Kaniyambadi Panchayat, Vellore District.
+1cc to Mr.U.M.Ravichandran, Advocate, S.R.No.22627 +1cc to Mr.M.Sathish Kumar, Advocate, S.R.No.22896 +1cc to the Government Pleader, S.R.No.23232, 23385 W.P.No.8076 of 2022 NRL(CO) KM(08/04/2022)