V. Mohandass v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.25916 to 25918 of 2017 and W.M.P.Nos.27428 to 27430 of 2017 V.Mohandass .. Petitioner (in WP No.25916 of 2017) V.Dhakshinamoorthy .. Petitioner (in WP No.25917 of 2017) V.Balu .. Petitioner (in WP No.25918 of 2017) Vs.
1.
The District Collector Vellore District.
2.
The Special Secretary to Government TNPWD Government of Tamil Nadu St.George Fort, Chennai-9.
3.
Village Administrative Officer 49 & 50 Melakuppam & T.C.Kuppam Walajah Taluk, Vellore District - 632 517.
4.
The Thasildar Walajah Taluk Vellore District.
.. Respondents (in WP Nos.25916 to 25918 of 2017) Writ petition No.25916 of 2017 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 17.07.2017 and removal of crops and other functions on his land comprised in Survey No.23/2A, 23/2B of 49 Melakuppam Village, Walajah Taluk, Vellore District without due process of law.
Writ petition No.25917 of 2017 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.07.2017 and removal of crops and other functions on his land comprised in Survey No.23/2A, 23/2B of 49 Melakuppam Village, Walajah Taluk, Vellore District without due process of law.
Writ petition No.25918 of 2017 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.07.2017 and removal of crops and other functions on his land comprised in Survey No.23/2A, 23/2B of 49 Melakuppam Village, Walajah Taluk, Vellore District without due process of law.
For Petitioner : Mr.K.Harikrishnan (in WP Nos.25916 to 25918 of 2017) For Respondents : Mr.P.Senthilvel Government Advocate (in WP Nos.25916 to 25918 of 2017) C O M M O N O R D E R All these writ petitions are filed seeking for a direction to the respondents to consider the representation of the respective petitioners wherein and whereby they sought for action against the officials alleged to have entered into the land belonging to the petitioners and started removing the crops. It is claimed by the petitioners that they are in possession and enjoying the property for several decades.
2. This Court, at this stage, is not expressing any view on the claim made by the petitioners in respect of the possession and enjoyment of the property, as it is for the concerned officials, more particularly the first respondent herein to consider and decide based on the representation filed by them. Accordingly, all these writ petitions are disposed of, only with a direction to the first respondent to consider the representation of the petitioners and pass orders on the same on its own merits and in accordance with law, after giving due
opportunity of hearing to the respective petitioners. Such exercise shall be done by the first respondent within a period of six weeks from the date of receipt of a copy of this order. Till the order is passed by the first respondent, the respondents are directed to maintain status quo as on today. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar mk To 1.
The District Collector Vellore District.
2.
The Special Secretary to Government TNPWD Government of Tamil Nadu St.George Fort, Chennai-9.
3.
Village Administrative Officer 49 & 50 Melakuppam & T.C.Kuppam Walajah Taluk, Vellore District - 632 517.
4.
The Thasildar Walajah Taluk Vellore District.
+1 CC to Mr.K.Harikrishnan, Advocate Sr.No.71371 +1 CC to Government Pleader, High Court, Chennai Sr.No.71711 Writ Petition Nos.25916 to 25918 of 2017 VGI(CO) KP(26.07.2017)