P.Saravanan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.10867 of 2019 P.Saravanan .. Petitioner Vs 1 The Secretary to Government Local Administration Department Secretariat, Chennai - 600 009.
2 The District Collector Tiruvannamalai District Tiruvannamalai.
3 The Thasildar Kilpennathur Taluk Kilpennathur Tiruvannamalai District.
4 The Block Development Officer Thuringapuram Panchayat Union Thuringapuram Tiruvannamalai District.
5 The Sub - Inspector of Police Mangalam Police Station Tiruvannamalai District.
6 P.Kannan 7 K.Ganesan 8 K.Krishnan .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct respondents 1 to 4 to consider the petitioner's representation dated 16.03.2019 within a stipulated period and consequently direct the respondents to evict the encroachment and illegal construction on government public pathway in respect of Boothamangalam Village Survey No.507, which is total extent length of 12 meters and breadth of 8 meters, by respondents 5 to 7.
For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.T.V.G.Kartheeban, learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1 to 5.
2. The case of the petitioner is that he resides in Poodhamangalam Village, Kizhpennathur Taluk, Thiruvannamalai District. According to him, in Survey No. 507 of the Village, there is an illegal construction which has been put up by respondents 6 to 8 to an extent of 1.2 meters x 8 meters and on account of that illegal construction, the government pathway has been closed. The further case of the petitioner is that he preferred a representation dated 16.3.2019 in relation to the said illegal construction to various authorities, including the Block Development Officer, Thuringapuram Panchayat Union (fourth respondent in the writ petition). The prayer of the petitioner is that directions be issued to the fourth respondent to consider the representation as early as possible.
3. The learned Government Advocate appearing for respondents 1 to 5 states that the representation of the petitioner will be considered by the fourth respondent within a period of six weeks from the date of receipt of a copy of this order, after giving notice to all concerned. In view of the statement made by the learned Government Advocate, no further orders are necessary. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar sasi To:
1 The Secretary to Government Local Administration Department Secretariat, Chennai - 600 009.
2 The District Collector Tiruvannamalai District Tiruvannamalai.
3 The Thasildar Kilpennathur Taluk Kilpennathur Tiruvannamalai District.
4 The Block Development Officer Thuringapuram Panchayat Union Thuringapuram Tiruvannamalai District.
5 The Sub - Inspector of Police Mangalam Police Station Tiruvannamalai District.
+1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No.52226 W.P.No.10867 of 2019 VSN II(CO) RRS(22/07/2019)