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Madras High CourtWP/15507/2017closed

K.Gunasekaran @ Gunasekar, v. The District Collector,

2017-09-01Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01..09..2017

CORAM

Hon`ble Mr Justice M. SATHYANARAYANAN and Hon`ble Mr Justice M.DHANDAPANI Writ Petition No.15507 of 2017 K.Gunasekaran @ Gunasekar ..... Petitioner -Versus1.The District, Tiruvallur Distirct, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3.The Tahsildar, Titurtani Taluk, Tirutani, Tiruvallur District.

4.The Assistant Engineer (O & M), Tamil Nadu Electricity Board, Tamil Nadu General and Electricity Distribution Corporation Limited, Poonimangadu Village, Tirutani Taluk, Tiruvallur District.

5.Nagarathina Naidu ..... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 3rd respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 17.03.2017 within a stipulated time to be fixed by this court. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Vijayakumar, AGP for R1 to R3 Mr.S.K.Raameshuwar, Standing Counsel for R4

ORDER

[Order of the court was made by M.SATHYANARAYANAN.J.,] By consent, the writ petition itself is taken up for final disposal.

2. The learned counsel for the petitioner would submit that the 5th respondent made encroachment upon the Government poramboke land in S.No.226, Venkatapuram Village, Tirutani Taluk, Tiruvallur District and also dug a bore-well and obtained electricity service connection. The representation of the petitioner dated 17.03.2017 submitted in this regard failed to evoke any response from the respondents and therefore, the petitioner has come forward with this writ petition.

3. The learned counsel for the petitioner submitted that the 1st respondent by his proceedings in Na.Ka.22570/2015/N.2 dated 14.09.2015, dismissed the appeal filed by one Shri.K.Lakshmikanth, who is an encroacher of the land admeasuring to extent of 3.77.0 Hectares at Sivada Madhura Venkatapuram in Tirutani Taluk in S.No.226 and therefore, he prays for removal of the encroachment made by the 5th respondent. 4.

The learned Additional Government Pleader Mr.R.Vijayakumar, produced a letter of the 3rd respondent dated 28.07.2017 in Na.Ka.11370/2014/B1 addressed to Mr.A.N.Thambidurai, the learned Special Government Pleader, wherein, the 3rd respondent informed that electricity service connection given to the borewell put up by the 5th respondent as well as the encroachment made by him upon the land in question have been removed.

5. This court considered the rival submissions and also perused the material placed before it.

6. The letter addressed to Mr.A.N.Thambidurai, Special Government Pleader, High Court, Madras in Na.Ka.11370/2014/B1 dated 28.07.2017 by the 3rd respondent is taken on file and placed on record.

7. In the light of the above, the writ petition is closed, however, with a further direction to the respondents 2 and 3 to ensure that no encroachment is made on the land in question either by the 5th respondent or by any other person. No costs. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR

kmk To 1.The District, Tiruvallur Distirct, Tiruvallur. 2.The Revenue Divisional Officer,Tiruttani, Tiruvallur District. 3.The Tahsildar, Titurtani Taluk, Tirutani, Tiruvallur District. 4.The Assistant Engineer (O & M), Tamil Nadu Electricity Board, Tamil Nadu General and Electricity Distribution Corporation Limited, Poonimangadu Village,Tirutani Taluk, Tiruvallur District.

+1 C.C. to M/S. Government Pleader SR.NO.636668 Writ Petition No.15507 of 2017 KS(CO) T.R (28/09/2017)