D.Seetha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.20702 of 2021 1.D.Seetha 2.L.Dhandabani 3.K.Sivaraja 4.M.Krishnamoorthy 5.E.Mohanavel 6.P.Amsa 7.M.Santhi

...Petitioners

Vs.

The District Collector Kanchipuram Kanchipuram District.

...Respondent

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation letter to the respondent dated 11.01.2021.

For the Petitioners :

Mr.M.Senthamizh Selvan For the Respondent :

Mr.P.Muthukumar State Govt. Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) There is no element of public interest in this petition as it is the personal cause which is espoused by the petitioners on their behalf and on behalf of other weavers.

2. It is submitted by Mr.P.Muthukumar, learned State Government Pleader and is virtually admitted on behalf of the petitioners, that the petitioners were some of several encroachers in a waterbody and steps have been taken for removal of all the encroachers by allotting appropriate accommodation to them. The grievance of the petitioners is that since weaving may require greater space, such aspect of the matter ought to be taken into consideration.

3. Since the official respondents, represented by Mr.P.Muthukumar, submit that alternative accommodation has already been provided for all the encroachers who have been removed from the relevant area, the petitioners should accept such accommodation as provided to everybody else. However, the official respondents are also requested to ascertain whether additional space may be allotted to weavers in general so that they can conduct their activities conveniently.

4. This order will, however, not be an excuse for the petitioners or any other person to continue to be in occupation of the waterbody or any part thereof. The petitioners and others of the petitioners' ilk should immediately occupy the alternative accommodation allotted to them. Once they are in occupation of such alternative accommodation, the general request for additional space may be taken up by the respondent District Collector, Kanchipuram and every effort should be made to consider such request sympathetically to allow the regular activities of the petitioners and other weavers to be conducted conveniently.

W.P.No.20702 of 2021 is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar sra

To:

The District Collector Kanchipuram Kanchipuram District.

+1cc to the Government Pleader SR.No.50826 W.P.No.20702 of 2021 PVS(CO) RVM(05/10/2021)