R.Murugan v. The District Collector

In the High Court of Judicature at Madras Dated : 20.10.2017 Coram The Honourable Mr.Justice M.M. SUNDRESH and The Hon'ble Mr.Justice M. SUNDAR Writ Petition No.26882 of 2017 R. Murugan ..... Petitioner ..vs..

1. The District Collector, Vellore District

2. The Tahsildar, Arakkonam Taluk, 58, Kanchipuram Tirupathi Highway, Arakonam, Vellore District

3. The Village Administrative Officer, 60, Jagirthandalam, 61, Melvenpakkam, Arakkonam Taluk

4. Gopal Naicker .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments put up by the fourth respondent in Survey No.74/15, Jagirthandalam Village, Arakkonam Taluk, Vellore District.

For petitioner :

Mr.Sharath Chandran For Respondents: Mr.T.N. Rajagopalan 1 to 3Govt. Pleader (Incharge)

ORDER

(Order of the court was delivered by M. SUNDAR,J.,) This writ petition has been filed as Public Interest Litigation.

2.

The subject matter of the writ petition is the land comprised in Survey No.74/15, Jagirthandalam Village, Arakkonam Taluk, Vellore District (hereinafter referred to as " said land" for the sake of clarity, convenience and brevity). 3.

It is the case of the writ petitioner that said land is a poramboke land and it is ear marked for school. It is also averred that there is a resolution of the local body for putting up a school, funds have also been allocated for constructing the school but the fourth respondent, who is a private party, has encroached upon said land and therefore, the petitioner has filed the present writ petition, seeking a Writ of Mandamus to direct the official respondents 1 to 3 to remove the encroachments put up by the fourth respondent in the said land. 4.

Mr.T.N. Rajagopalan, learned Government Pleader Incharge accepts notice for respondents 1 to 3. 5.

It is seen from the typed set of papers that the petitioner has already sent a representation dated 03.07.2017 to the respondents 1 to 3 before us. There shall be a direction to the second respondent before us i.e., The Tahsildar, Arakkonam Taluk to dispose of the representation dated 03.07.2017 (at page No.23 of the typed set) in the manner known to law within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity to all the parties, particularly, to the fourth respondent. With the above direction, the writ petition is disposed of. No costs. sd/- Assistant Registrar True Copy S Sub Assistant Registrar sr

To

1. The District Collector, Vellore District

2. The Tahsildar, Arakkonam Taluk, 58, Kanchipuram Tirupathi Highway, Arakonam, Vellore District

3. The Village Administrative Officer, 60, Jagirthandalam, 61, Melvenpakkam, Arakkonam Taluk + 1 cc to Government Pleader sr.no.74336 dt.23/10/17 W.P.No.26882 of 2017 RR 17/11/2017