K.R.Ravichandiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2017

CORAM

THE HONOURABLE MR.JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI., J., W.P.No.31709 of 2017 K.R.Ravichandran ... Petitioner Vs.

1. The District Collector, Erode District.

2. The Executive Officer, Periya Semoor Municipality, Erode - 638 004.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and take action on the basis of the petitioner's representation dated 30.10.2017. For Petitioner :

Mr.N.Kathir For Respondents :

Mr.M.E.Rani Selvam, Additional Government Pleader

O R D E R

(Order of the Court was made by M. SATHYANARAYANAN, J.) By consent the writ petition is taken up for final disposal. Ms.M.E.Rani Selvam, learned Additional Government Pleader accepts notice on behalf of the respondent 1 and 2.

2. The writ petition is filed as a Public Interest Litigation by the petitioner who claims to be a Social activist and according to him, the lands in R.S.No.33/1B, 1F, 1G, 1J, 1K, 1M, 2C3 at Periya Agraharam Village, Erode Town is an approved layout and known as "VGB Nagar" and in the said land, site Nos.19 and 20 are reserved for children's park and the adjacent land is a common road and it also belongs to Erode Municipality Corporation.

The petitioner expressed his grievance is that some anti-social elements had encroached upon the said park and https://hcservices.ecourts.gov.in/hcservices/

put up a wall and also for the purpose of annexing it completely for their illegal purpose and in this regard, he has submitted a representation dated 30.10.2017 to the Collector of Erode District, the 1st respondent herein on the Grievance Day and despite receipt and acknowledgment, no action has been taken so far and hence, came forward to file this writ petition. 4 This Court heard the submissions of Mrs.M.E.Rani Selvam, learned Additional Government Pleader and also perused the materials placed before it.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances of this case and without going into the merits of the same, directs the Jurisdictional Tahsildhar as well as the officials of the 2nd respondent to cause a joint inspection of the site No.19 and 20 in R.S.No.33/1B, 1F, 1G, 1J, 1K, 1M, 2C3 at Periya Agraharam Village, Erode Town, after putting the petitioner and any person/s who is/are said to be in possession of the said land within a period of four weeks from the date of receipt of copy of this order and depending upon the result of the same, shall take immediate and appropriate action within a further period of six weeks thereafter and communicate the decision taken to the petitioner as well as to the concerned person/s. 6 The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka To

1. The District Collector, Erode District.

2. The Executive Officer, Periya Semoor Municipality, Erode - 638 004.

+1cc to Mr.N.Kathir, Advocate, S.R.No.87148 +1cc to the Government Pleader, S.R.No.87681 W.P.No.31709 of 2017 CS/04/01/18 https://hcservices.ecourts.gov.in/hcservices/