V.Balamurugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No. 24293 of 2015 V. Balamurugan .. Petitioner Vs.

1 The District Collector Thiruvallore District Thiruvallore.

2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003.

3 The Special Officer Ambattur Municipality Ambattur Chennai.

4 V.Tamilarasi .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 02.02.2015. For petitioner Mr. T. Sivagnanasambandan For Respondents Mr. N. Sakthivel Govt. Advocate - R1 Mr. V.C.Selvasekaran - R2 & R3

ORDER

(Order of the was delivered by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel for the petitioner, learned Special Government Advocate and the learned counsel for the third respondent, this writ petition is taken up for final disposal. Notice to respondent No. 4 is dispensed with at this stage, as no consequential action can be taken by the concerned authorities, without affording an opportunity of hearing to him. https://hcservices.ecourts.gov.in/hcservices/

2. This writ petition is filed seeking a direction to the first respondents to consider and dispose of the petitioner's representation dated 02.02.2015.

3.

The petitioner, claiming to be a resident of Karukku Main Road, Ambattur, Chennai, has made representations dated 08.01.2015 and 02.02.2015 addressed to the District Revenue Officer, Ambattur and the Collector, Thiruvallur, respectively to remove the encroachment made by the fourth respondent-school on the Madavelli poromboke land. Finding no response, the petitioner has come up with this writ petition for the aforestated relief. 4.

Mr.N. Sakthivel, learned Government Advocate, appearing for the first respondent submits that necessary action will be taken on examination of the aforestated representation, on merits and in accordance with law, within a period of four weeks.

5. In view of the above submission made by the learned Government Advocate appearing for the first respondent, without going into the merits of the case, the first respondent is directed to consider the petitioner's representation dated 02.02.2015 and take necessary consequential action, after proper survey and inspection and also after affording an opportunity of hearing to the alleged encroachers, including the fourth respondent herein. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6.

This writ petition stands disposed of with the above direction. Costs made easy.

ra -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1 The District Collector Thiruvallore District Thiruvallore.

2 The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003.

3 The Special Officer Ambattur Municipality Ambattur Chennai.

+ 1 cc to M/s.T.Sivagnanasambandan, Advocate SR 49223 + 1 cc to the Government Pleader, HighCourt Madras SR 48922 mp(co) prk30/9 W.P. No. 24293 of 2015 https://hcservices.ecourts.gov.in/hcservices/