M.Umapathy v. The Collector
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.12665 of 2018 and W.M.P.No.14792 of 2018 1.M.Umapathy 2.Meera (Widow) 3.M.Menaka 4.V.Rajalakshmi ...
Petitioners -vs1.The Collector, Thiruvallur-602 001.
2.The Chief Secretary & Revenue Admn.Commissioner, Ezhilagam, Chepauk, Chennai-600 005.
3.The Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.
4.The Revenue Divisional Officer, Thiruvallur-602 001.
5.The Tahsildar, Thiruvallur-602 001.
6.The Superintendent of Police, Thiruvallur-602 001.
7.The Revenue Inspector, Vengathur Firka, Manvalla Nagar,
8.The Village Administrative Officer, Pollivakkam Village, 9.JKS Infrastructure (Pvt.) Ltd., represented by its Director, Mr.Satish Kumar Sharma, Survey Nos.840 and 841, Polivakkam Village, Thiruvallur Taluk, Thiruvallur District-602 002.
...
Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 to 8 to consider the petitioner's representations dated 03.04.2018 and 09.05.2018 to retrieve and restore Government lands in Survey Nos.848, 843, 842, 861 and 865 classified as Cart Track and water channel located in between S.Nos.732 and 839, 840 as per Polivakkam Village Map encroached by 9th respondent after conducting field survey, thereby allowing the petitioners to use their easmentary rights to access the main road.
For Petitioners :: Mr.P.Subba Reddy For Respondents :: Mr.P.S.Sivashanmugasundaram, Spl.GP for R1 to R8
ORDER
(Made by R.SUBRAMANIAN, J.) The petitioners have sought for a direction to the respondents 1 to 8 herein to consider their representations dated 03.04.2018 and 09.05.2018 to retrieve and restore the Government lands in Survey Nos.848, 843, 842, 861 and 865 classified as Cart Track and also the water channel located in between S.Nos.732 and 839, 840 as per Polivakkam Village Map, which have been encroached by the ninth respondent, after conducting field survey.
2.Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, takes notice for the respondents 1 to 8. In view of the limited prayer sought for in this writ petition, notice to the ninth respondent is dispensed with.
3.Considering the limited request made by the petitioners, there will be a direction to the first respondent to consider the representations of the petitioners dated 03.04.2018 and 09.05.2018 and after issuing notice to the ninth respondent and hearing the ninth respondent, take suitable action, within a period of eight weeks from the date of receipt of a copy of this order.
4.The writ petition is disposed of accordingly. No costs. Consequently the connected miscellaneous petition is closed. s/d- Vacation Officer True Copy Sub-Assistant Registrar To 1.The District Collector, Thiruvallur-602 001.
2.The Chief Secretary & Revenue Admn.Commissioner, Ezhilagam, Chepauk, Chennai-600 005.
3.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai-600 009.
4.The Revenue Divisional Officer, Thiruvallur-602 001.
5.The Tahsildar, Thiruvallur-602 001.
6.The Superintendent of Police, Thiruvallur-602 001.
7.The Revenue Inspector, Vengathur Firka, Manvalla Nagar, 8.The Village Administrative Officer, Pollivakkam Village, Thiruvallur District, +2cc to Mr.P.Subba Reddy, Advocate SR.No.33648 +1cc to Government Pleader SR.No.33818 sm:18.5.2018 W.P.No.12665 of 2018 and W.M.P.No.14792 of 2018