K.Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 9/9/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.24119 of 2015 K. Palanisamy ... Petitioner Vs

1. The District Collector Coimbatore District Coimbatore 641 018.

2. The Revenue Divisional Officer Coimbatore District Coimbatore 641 018.

3. The Tahsildar Annur Taluk Annur Coimbatore District.

4. Muthusamy

5. Ponnusamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of mandamus directing the respondents 1 to 3 to consider the representations dated 30/4/2013, 2/2/2015 and 16/3/2015 of the petitioner.

For petitioner : Mr.A.Edwin Prabakar For respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for R.R.1 to 3.

O R D E R

(delivered by SATISH K. AGNIHOTRI,J.,) With the consent of the parties, the main writ petition is taken up for final disposal.

2. The petitioner, who stated to be a resident of the area in question, has come up with this petition, seeking a direction to the respondents 1 to 3 to consider his representations dated 30th April, 2013, 2nd February, and 16th March, 2015, whereunder, the petitioner has alleged that there is an encroachment on the tar road in old S.No.288/1 and new survey No.389/1 of Molapalayam Village, Annur Taluk, Kovai District.

3. Pursuant to our notice dated 6th August, 2015, the third respondent had filed counter affidavit stating therein that necessary statutory notice was issued under Section 7 of the Tamil Nadu Encroachment Act, 1905 (for short "the Act"), on 25th August, 2015. It is also stated that prior to the said notice, several notices were also issued earlier, which resulted into inaction. Since notices have already been issued under Section 7 of the Act, the respondent authorities are directed to take further necessary steps and come to a logical conclusion. Such an exercise shall be completed within a period of four weeks from today.

4. With the aforestated direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The District Collector Coimbatore District Coimbatore 641 018.

2. The Revenue Divisional Officer Coimbatore District Coimbatore 641 018.

3. The Tahsildar Annur Taluk Annur Coimbatore District.

+1cc to M/s.A.Edwin Prabakar, Advocate, S.R.No.49805 +1cc to the Government Pleader, S.R.No.49289 W.P. No.24119 of 2015 MP(CO) CA(28/09/2015)