Sivaprakasam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2018

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12472 of 2018 Sivaprakasam .. Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Fort St. George, Chennai 600 009.

2. The District Collector, Kancheepuram District.

3. The Tahsildar, Office of the Tahsildar Thiruporur, Kancheepuram District.

4. The Inspector of Police, Kelambakkam Police Station, Chengalput Taluk, Kancheepuram.

5. Tmt. Vasuki .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus, directing the respondents particularly 2 to 4 District Collector, Kancheepuram, Tahsildar, Thiruporur, the Inspector of Police, Keelambakkam Police Station, Chengalput Taluk to remove the encroachment made by the 5th respondent in Survey No.298/5 A2 an extent of 1122 sq.ft. the same belongs to the petitioner forthwith. For Petitioner : Mr.Prabakaran Senior Counsel for MR.K.Balakrishnan For RR 1 to 4 : Mr.P.S.Siva Shanmuga Sundaram Special Government Pleader

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J) In view of the limited relief prayed being granted in this Writ Petition, we do not propose to order notice to the 5th respondent and the notice to the 5th respondent is dispensed with.

2. The petitioner seeks relief in respect of land an extent of 1122 sq.ft. in S.No.298/5A2. Admittedly the said land alloted by the Government to the petitioner and the petitioner has become the owner of the said land. The petitioner seems to have made a representation on 04.05.2018 to the authority seeking their assistance in evicting the individual, viz. the 5th respondent, who is said to be in wrongful possession of the said land.

3. Mr. P.S.Siva Shanmuga Sundaram, Special Government Pleader takes notice for the respondents 1 to 4.

4. Without going into the merits of the matter, we direct the 3rd respondent-Tahsildar to consider the said representation and take appropriate action by disposing of the said representation, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner and the 5th respondent and pass appropriate orders on the said representation within a period of twelve (12) weeks from the date of receipt of a copy of this order. No Costs. Sd/- Assistant Registrar/ Vacation Officer //True Copy// Sub Assistant Registrar jv

To

1. The Secretary to Government Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai 600 009.

2. The District Collector, Kancheepuram District.

3. The Tahsildar, Office of the Tahsildar Thiruporur, Kancheepuram District.

4. The Inspector of Police, Kelambakkam Police Station, Chengalput Taluk, Kancheepuram.

+ 1 cc to Mr.K. Balakrishnan, Advocate Sr.33639 + 1 cc to Mr. the Government PleaderSr.33809 W.P.No.12472 of 2018 EV(CO) EU(18/05/2018)