B.Mani v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 14366 of 2015 A. Mani ... Petitioner vs.
1. The Commissioner Revenue Administration Fort St. George Chennai 9
2. The District Collector Namakkal District Namakkal
3. The Assistant Director Rural Development (Panchayats) Namakkal District
4. The Block Development Officer Vennandur Namakkal District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dt 2.4.2014 in respect of the removal of the encroachments made in Survey No.24/1 of Kallankulam Village Rasipuram Taluk Namakkal District within a reasonable time .
For petitioner : Mr. K.A. Mariappan For respondents : Mr. P.S. Sivashanmugasundaram Special Government Pleader- R1 to R3 Mr. M. Perumal - R4
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3, this writ petition is taken up for final disposal. 2.
The petitioner, who is a resident of Kallankulam Village, has made a representation dated 02.04.2014 to the first respondent with regard to the encroachments made by the villagers on the public road at Survey No.24/1 in Kallakulam Village, Rasipuram Taluk, Namakkal District and the same was forwarded to the second respondent by letter dated 10.04.2014. But, till date, no action has been taken for removal of the said encroachments. Hence, the instant writ petition.
3.
The only limited relief sought in this writ petition is a direction to the respondents to consider the petitioner's representation dated 02.04.2014 in respect of removal of the encroachment made on on the Survey No.24/1 at Kallakulam Village, Rasipuram Taluk, Namakkal District.
4.
Pursuant to the notice of this Court dated 01.06.2015, the third respondent has filed a counter affidavit stating therein that the survey No.24/1 measuring an extent of 0.15.0 ares is classified as cart track and the same belongs to the State Government. 5.
The learned Special Government Pleader appearing for the respondents 1 to 3 submits that on the basis of the aforestated representation, the property in question was inspected by the Tahsildar on 04.06.2015 and thereafter, considering the representation/ explanation of the alleged encroachers, the encroachers viz., A.Ramesh and Sureshkumar have been intimated to remove the structures put up by them and the encroachments have already been removed and the trees standing thereon had been handed over to the Kallankulam Village Panchayat.
6.
In view of the foregoing, no further direction is necessary in this writ petition. This writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ra To
1. The Commissioner Revenue Administration Fort St. George Chennai 9
2. The District Collector Namakkal District Namakkal
3. The Assistant Director Rural Development (Panchayats) Namakkal District
4. The Block Development Officer Vennandur Namakkal District.
+1cc to the Government Pleader, S.R.No.32350 W.P. No.14366 of 2015 AK(CO) CA(13/07/2015)