K.Gopinath v. The Principal Secretary And Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.05.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.11908/2021 & WMP.No.12659/2021 [Video Conferencing] K.Gopinath .. Petitioner

Versus

1.The Principal Secretary and Commissioner of Land Administration Government of Tamil Nadu "Ezhizhalagam", Chepauk, Chennai - 600 005.

2.The District Collector Tiruppur District Tiruppur - 641 605.

3.The District Superintendent of Police Tiruppur District Tiruppur - 641 605.

4.The Revenue Divisional Officer Tiruppur Revenue Division, Tiruppur, Tiruppur District - 641 605.

5.The Tahsildar Avinashi Taluk, Avinashi, 6.The Deputy Superintendent of Police National Highway 47, Avinashi Old Bus Stand, Avinashi, Tiruppur District, Tiruppur - 641 654.

7.The Inspector of Police Avinashi Police Station, National Highway 47, Avinashi Old Bus Stand, Avinashi, Tiruppur District, Tiruppur - 641 654.

8.The Executive Officer Avinashi Panchayat Office,

9.Masjid Noorul Yakeen Committee Represented by its Muthuvalli M.Ismail Sunnat Valjamad Mosque 6/25, Mangalam Road, ..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 2 to 8 to consider the representation of the petitioner dated 03.05.2021 and take necessary action to restore Acre 0.4.6 Cents of land Survey No.85/7 in Door No.6/25, Mangalam Road, Avinashi, Tiruppur District, encroached by the 9th Respondent, to the Police Quarters of Avinashi Police Station in Survey Number 85A/5, Avinashi, Tiruppur District.

For Petitioner :

Mr.S.Ravi, for M.Ramamoorthi For R1 to R8 :

Mrs.A.Srijayanthi, Special Government Pleader

ORDER

(1)Mrs.A.Sri Jayanthi, learned Special Government Pleader takes notice on behalf of the respondents 1 to 8. (2)The short relief sought for in the present writ petition is to consider the representation dated 03.05.2021 which the petitioner herein had given to respondents 2 to 8. It relates to the lands in S.No.85/7, Door No.6/25, Mangalam Road, Avinashi in Tiruppur District.

(3)It is claimed by the petitioner herein that the 9th respondent had encroached on the said lands.

(4)It may not be appropriate on our part, particularly when the representation is to be considered by the said respondents to examine the facts. It is prerogative of the respondents to examine the facts as stated in the representation and pass a considered order in the representation. Time is granted to pass such an order on or before 30.06.2021. While hearing and deciding the said representation, notice may also be issued to the 9th respondent and also hear his objections and thereafter pass orders.

(5)The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

AP/SMV To 1.The Principal Secretary and Commissioner of Land Administration Government of Tamil Nadu "Ezhizhalagam", Chepauk, Chennai - 600 005.

2.The District Collector Tiruppur District, Tiruppur - 641 605.

3.The District Superintendent of Police Tiruppur District, Tiruppur - 641 605.

4.The Revenue Divisional Officer Tiruppur Revenue Division, Tiruppur, Tiruppur District - 641 605.

5.The Tahsildar Avinashi Taluk, Avinashi, 6.The Deputy Superintendent of Police National Highway 47,Avinashi Old Bus Stand, Avinashi, Tiruppur District, Tiruppur - 641 654. 7.The Inspector of Police Avinashi Police Station, National Highway 47, Avinashi Old Bus Stand, Avinashi, Tiruppur District, Tiruppur - 641 654.

8.The Executive Officer Avinashi Panchayat Office, 9.Masjid Noorul Yakeen Committee Represented by its Muthuvalli M.Ismail Sunnat Valjamad Mosque 6/25, Mangalam Road, +1 cc to Government Pleader Sr.No. 27241 W.P.No.11908/2021 A.SK(19.05.2021)