V.Maharajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Maharajan .. Petitioner

Versus

1.The District Collector, Krishnagiri District.

2.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

3.M.Arjunan 4.K.E.K.Krishnamoorthy .. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the second respondent to take emergent steps to remove the entire encroachments in the Kumaran Lake situated in S.No.62, Kommampattu Village, Govindapuram Post, Uthangarai Taluk, Krishnagiri District, by considering the representation dated 20.01.2023 as well as the proceedings in Oo.Mu.2301/2023, H-3 dated 23.01.2023 issued by the first respondent. For Petitioner : Mr.A.Saravanan For R1 & R2 : Mr.P.Muthukumar, State Govt. Pleader 1/4

ORDER

(Order of the Court was delivered by The Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking for issuance of a writ of mandamus directing the Tahsildar, Uthangarai Taluk, Krishnagiri District/second respondent to take steps to remove the entire encroachments in Kumaran Lake situated in S.No.62, Kommampattu Village, Govindapuram Post, Uthangarai Taluk, Krishnagiri District, by considering the representation dated 20.01.2023 as well as the proceedings in Oo.Mu.2301/2023- H-3, dated 23.01.2023, issued by the first respondent.

2. When the matter is taken up, Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the respondents 1 and 2, submitted that in the letter dated 16.03.2023 addressed to him by the Tahsildar, Uthangarai Taluk, it is stated that on 23.03.2023, the Block Development Officer and other revenue officials would undertake the survey in Survey No.62 of Kommampattu Village, Uthangarai Taluk, and if there is any encroachment as alleged in this writ petition, the respondents 1 and 2 would take action in accordance with law.

3. Recording the letter dated 16.03.2023 of the second respondent, the writ petition is disposed of directing the second respondent to pass orders on the pending representation dated 20.01.2023 of the petitioner on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With this direction, the writ 2/4

petition stands disposed of. No Costs.

(T.R., ACJ.) (D.B.C., J.) 17.03.2023 rkm To 1.The District Collector, Krishnagiri District.

2.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

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THE HON'BLE ACTING CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

rkm 17.03.2023 4/4