C.Periyathambi v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 13.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.19173 of 2021 C.Periyathambi .. Petitioner
Versus
1. The District Collector, Tiruvannamalai, Vengikkal, Tiruvannamalai, Tamil Nadu 606 604.
2. The Tahsildar, Chengam Taluk, SH 133, Karimalaipadi, Maruthi Nagar, Chengam, Tiruvannamalai District, Tamil Nadu 606709.
3. Panchayat Secretary, Paachal Village Panchayat, Nallu Main Road, Pachal, Chengam, Tiruvannamalai District, Tamil Nadu, 606704.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 herein, to take necessary steps to consider the petitioner's representation dated 27.11.2020 for removal of the encroachment in the Government Poramboke land situated in S.F.No.36/2 so as to provide access and uninterrupted source of water to his agricultural land situated in S.No.42/1A, 42/3, 42/4, 42/6, 42/8A and 42/12B totally measuring an extent of around 2 acres in Paachal Village. For petitioner : Ms.Akila Senguttuvan For respondents : Mr.C.Jayaprakash Government Counsel
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein, to take necessary steps on the representation of the petitioner dated 27.11.2020.
3. The petitioner would claim that he owns land in S.Nos.42/1A, 42/3, 42/4, 42/6, 42/8A and 42/12B totally, measuring an extent of around 2 acres in Paachal Village, Chengam Taluk, Tiruvannamalai District.
4. The grievance of the petitioner is that the land which has been classified as poramboke in Survey No.36/2 is under encroachment. Though the District Collector, vide letter dated 17.12.2018 directed the second respondent to take necessary action, but no encroachment has been removed so far.
5. Mr.C.Jayaprakash, learned Government Counsel, appearing for the respondents would submit that the representation of the petitioner is pending with the second respondent and he is ready to take action in accordance with law.
6. Heard the learned counsels appearing on either side and perused the materials available on record.
7. In the light of the prayer sought for in the Writ Petition and the submissions of the learned Counsel appearing for the respondents, this Court, without going into the merits of the matter, directs the second respondent to take appropriate action on the representation of the petitioner 27.11.2020 and pass orders, within a period of eight weeks, after affording opportunity to all the necessary parties.
8. With the above observation and directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pvs
To
1. The District Collector, Tiruvannamalai, Vengikkal, Tiruvannamalai, Tamil Nadu 606 604.
2. The Tahsildar, Chengam Taluk, SH 133, Karimalaipadi, Maruthi Nagar, Chengam, Tiruvannamalai District, Tamil Nadu 606709.
3. Panchayat Secretary, Paachal Village Panchayat, Nallu Main Road, Pachal, Chengam, Tiruvannamalai District, Tamil Nadu, 606704.
+2ccs to Mr.Chandra Mouli Prabhakar, Advocate SR.No. 46027 +1 cc to Government Pleader Sr.No. 46520 W.P. No.19173 of 2021 AK(CO) B.VC(07.10.2021)