M/S.Karnan, v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.20713 of 2013 and M.P.No.1 of 2013 M.S.Karnan .. Petitioner -vs1.The Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.V.Elumalai 5.K.Venkadesan 6.E.Chinna Rani 7.E.Arulraj 8.K.Rani 9.M.Selvaraj 10.M.Muthalammal 11.M.Gunasekaran 12.S.Sundari .. Respondents (Respondent Nos.4 to 12 impleaded as per the order in MP.No.1/2014, dt. 20.01.2014) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to dispose of the petitioner's representation dated 12.04.2013.

For Petitioner : Mr.R.Karunagaran For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R1 to R3 Mr.E.Kotteeswaran for R4toR12

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) A perusal of the pleadings and the counter-affidavit show an allegation against the petitioner being a property developer and thus having envy against the private respondents. However, simultaneously, it is admitted that there are encroachments of Government land, including water area, cart track and anadeenam land etc. Thus, the respondent authorities cannot hide behind the allegation in not performing their obligations to protect the public land and the water area. There are also allegations of land records being unauthorisedly altered to facilitate occupation of the land by third parties. We do believe that the allegations are serious and the District Collector, Villupuram should personally look into this matter and an investigation be carried under his direct supervision. Necessary action in accordance with law be taken qua any encroachment after notice to all concerned and the exercise be completed within a period of three months of the receipt of this order.

2. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2013 is closed.

3. List for compliance on 07.10.2016 and the compliance report be filed atleast three days before the next date of hearing after serving copy to the petitioner. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Collector, 2.The Revenue Divisional Officer,

3.The Tahsildar, Copy to The Assistant Registrar (Writs) High Court, Madras.

+1cc to the Government Pleader Sr.36502 W.P.No.20713 of 2013 lrs[co] srg 04/07/2016