Sengoda Gounder, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15922 of 2015 and M.P.No.1 of 2015 Sengoda Gounder ... Petitioner -Vs1. The District Collector, Erode District.

2. The Thasildar, Erode & District.

3. The Commissioner, Erode Municipal Corporation, Erode & District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents, their subordinate, men and agents from either trespassing or doing any work in the petitioner's private land in R.S.No.277/10-A and 38-A of Villarasampatti Village, Sembampalayam Erode Taluk and District to the extent of 2.30 acres by considering the petitioner's representation dated 30.05.2015. For Petitioner : Mr.I.C.Vasudevan For Respondents : Mr.V.Subbiah, Special Government Pleader for R1 & R2

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner claims that he and his family members own the land admeasuring to an extent of 2 acres 30 cents in R.S.No.277/10-A and 38-A at Villarasampatti Village, Erode Taluk and District and they are in peaceful possession and enjoyment of the same and super structure has also been put up and revenue records also stand in their name.

3. The petitioner further states that there is a mud road which is adjacent to the petitioner's land and the 3rd respondent without acquiring the property and without due process of law made an attempt to encroach upon the said property, for the purpose of laying road and in this regard, the petitioner has submitted a detailed representation dated 30.05.2015 to the 1st respondent and since he has not been favoured with any response, came forward to file this Writ Petition.

4. Heard the submissions made by Mr.I.C.Vasudevan, learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice for respondents 1 and 2. 5.

This Court, without going into the merits of the representation, directs the 1st respondent to consider and dispose of the petitioner's representation dated 30.05.2015 in accordance with law after putting the 3rd respondent on notice and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm

To

1. The District Collector, Erode District.

2. The Thasildar, Erode & District.

3. The Commissioner, Erode Municipal Corporation, Erode & District.

+1cc to Mr.I.C.Vasudevan, Advocate, S.R.No.27283 +1cc to the Government Pleader, S.R.No.27211 W.P.No.15922 of 2015 GR(CO) CA(25/06/2015)