V.Pavunesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.05.2019
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.14170 of 2019 and W.M.P.No.14229 of 2019 V.Pavunesan .. Petitioner vs
1. The District Collector The District Collector Office Dharmapuri District.
Pincode-636 705.
2. The Tahsildar Pennagaram Taluk Office Pennagaram Taluk Dharmapuri District.
3. The Block Development Officer Pennagaram Taluk Dharmapuri District.
4. The Assistant Director District Rural & Panchayat Development Dharmapuri District.
Pincode-636 705.
5. The Village Administrative Officer Ajjanahalli Village Pennagaram Taluk Dharmapuri District.
6. The Inspector of Police Eriyur Police Station Eriyur, Pennagaram Taluk Dharmapuri District
7.
Dhanapalan.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 6 to consider the petitioner's representation dated 07.04.2019 and 15.04.2019 and to remove the encroachment and also to demolish the illegal construction put up on the public road leading from Nagamarai Main Road to Moongilmaduvu West Street until the overhead tank in Moongilmaduvu, Ajjanahalli (PO), Pennagaram Taluk, Dharmapuri District-636 810 by the 7th respondent and also to take appropriate action as per law against the 7th respondent and also in the facts and circumstances of the case.
For Petitioner :Mr.C.Palanisamy For Respondents :Mr.R.Govindasamy Special Government Pleader for RR1-6
O R D E R
(Order of the Court was made by S.VAIDYANATHAN, J.,) The Writ Petition has been filed by the petitioner to direct the respondents 1 to 6 to consider the petitioner's representations dated 07.04.2019 and 15.04.2019 and to remove the encroachment and also to demolish the illegal construction put up on the public road leading from Nagamarai Main Road to Moongilmaduvu West Street until the overhead tank in Moongilmaduvu, Ajjanahalli (PO), Pennagaram Taluk, Dharmapuri District-636 810 by the seventh respondent and also to take appropriate action against the seventh respondent as per law.
2. Heard the learned counsel appearing for the petitioner, learned Special Government Pleader appearing for the respondents 1 to 6 and also perused the materials available on record.
3. The contention of the petitioner is that the seventh respondent has encroached and put up illegal construction on the public road leading from Nagamarai Main Road to Moongilmaduvu West Street in Pennagaram Taluk, Dharmapuri District and hence a complaint has been made.
4. Though several contentions have been raised in this petition, this Court is not inclined to refer the same, however, this Court is inclined to direct the concerned officer / authority to decide the veracity of the complaints after issuing notice to the petitioner and the seventh respondent within a
period of one month from the date of receipt of a copy of this order and giving sufficient opportunity to the parties, take decision in accordance with law within two months therefrom.
5. As no adverse orders are passed in this Writ Petition and that the 7th Respondent is going to be heard by the authorities, without notice to the 7th Respondent, this Writ Petition is disposed of with the above directions, however, without any adverse observations against the 7th Respondent. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar Jer/aeb To
1. The District Collector The District Collector Office Dharmapuri District.
Pincode-636 705.
2. The Tahsildar Pennagaram Taluk Office Pennagaram Taluk Dharmapuri District.
3. The Block Development Officer Pennagaram Taluk Dharmapuri District.
4. The Assistant Director District Rural & Panchayat Development Dharmapuri District.
Pincode-636 705.
5. The Village Administrative Officer Ajjanahalli Village Pennagaram Taluk Dharmapuri District.
6. The Inspector of Police Eriyur Police Station Eriyur, Pennagaram Taluk Dharmapuri District +2cc to Mr.C.Palanisamy, Advocate, S.R.No.43378 +1cc to the Government Pleader, S.R.No.43418 W.P.No.14170 of 2019 and W.M.P.No.14229 of 2019 kk(co) cs/17/05/2019