K.Kathirvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.13064 of 2015 and M.P. No.1 of 2015 K. Kathirvel ... Petitioner vs.

The District Collector O/o the District Collector Villupuram The Revenue Divisional Officer Tindivanam The Tahsildar Tindivanam The Deputy Inspector of Survey Tindivanam ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent herein to take effective steps for the removal of encroachment in S.No.4/1 Ac. 0.35, Salavathi Village, Tindivinam Taluk, Villupuram District, Panchalam - Olakkur Road, in accordance with G.O. Ms.No.540, Revenue (LD6(2) dated 04.12.2014 within a stipulated time. For petitioner : Mr. D. Ravichander For respondents : Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself. This writ petition is filed seeking a writ of mandamus directing the third respondent herein to take effective steps for the removal of encroachment in S.No.4/1 Ac 0.35, Salavathi Village, Tindivinam Taluk, Villupuram District, Panchalam - Olakkur Road, in accordance with G.O. Ms.No.540, Revenue-LD6(2) dated 04.12.2014 within a stipulated time.

However, today, when matter is taken up for hearing, the learned counsel for the petitioner submits that it would suffice if a direction is given to the first respondent to consider and pass orders on the petitioner's representation dated 22.01.2015, which was submitted by him, seeking removal of encroachment in a part of his land, within a time frame.

In view of the limited scope of the relief sought by the learned counsel for the petitioner, without going into the merits of the case, we direct the first respondent to consider and pass orders on the petitioner's representation dated 22.01.2015 on its own merits and in accordance with law, after giving an opportunity of hearing to all the parties concerned. Needless to state that each and every submission averred by the petitioner in his representation is to be adverted to and a reasoned order is required to be passed. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

With the above direction and observation, the writ petition stands disposed of. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar

cad To The District Collector O/o the District Collector Villupuram The Revenue Divisional Officer Tindivanam The Tahsildar Tindivanam The Deputy Inspector of Survey Tindivanam +1cc to Mr.D.RaviChander, Advocate, S.R.No.23910 +1cc to the Government Pleader, S.R.No.23970 W.P. No.13064 of 2015 SAI(CO) CA(18/05/2015)