S.Ranganathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Ranganathan .. Petitioner Vs 1.The District Collector, Kancheepuram District, Kancheepuram.
2.G.Vijayan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider and dispose the representation made by the petitioner on 23.10.2022 for requesting the first respondent to take immediate action to remove encroachment made by the second respondent in the Government poramboke land in Survey No.257A to E by putting an asbestos sheet house and blocking the way for free flow of rain water to the village pond and forming road for illegal activities.
For the Petitioner : Mr.A.Lakshminarasimhan For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent No.1
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Ranganathan, son of Sesha Pillai (Late), a resident of Edamachi Village, Uthiramerur, Kancheepuram District, has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to consider and dispose the representation made by the petitioner on 23.10.2022 requesting the first respondent to take immediate action to remove the encroachment made by the second respondent in the government poramboke land in Survey Nos.257A to E by putting an asbestos sheet house and blocking the way for free flow of rain water to the village pond and forming road for illegal activities.
2. Mr.A.Lakshminarayanan, learned counsel for the petitioner, would submit that the second respondent has encroached upon the
land in Survey Nos.257A to E, which is classified as "Grazing Ground", and constructed an asbestos sheet house blocking the way for free flow of rain water to the village pond and forming road for illegal activities. It is submitted that because of the encroachment, the rain water is stagnating and the cattle are unable to move freely over the said land classified as "Grazing Ground". Ventilating the grievance, the petitioner sent a detailed representation on 23.10.2022. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents, while admitting that the land in question is classified as "Grazing Ground", submitted that, if six weeks' time is granted, the first respondent shall consider the representation of the petitioner dated 23.10.2022 in accordance with law and take necessary action.
4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction
to the first respondent to consider the representation of the petitioner dated 23.10.2022 in accordance with law and take necessary action within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 21.04.2023 Index :
No No sasi To:
The District Collector, Kancheepuram District, Kancheepuram.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 21.04.2023