Mr.Venkatachalam v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.27702 & 27703 of 2017 Mr.Venkatachalam ... Petitioner (in W.P.No.27702 of 2017) Mrs.Neelambal ... Petitioner (in W.P.No.27703 of 2017) vs.
1.The Collector Villupuram District, Villupuram.
2.The Revenue Divisional Officer Tirukovilur Taluk Villupuram District.
3.The Thasildhar Tirukovilur Taluk Villupuram District.
...Respondents
(in W.P.Nos.27702 & 27703 of 2017) PRAYER:Writ Petition No.27702 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the period granted under the Order in Ref.Na.Ka.No.A4/3516/2017, dated 25.07.2017 for removal of Alluviual Soil from the Lake in Survey No.209/1, Panapakkam Village, Tirukoilur Taluk, Villupuram District for the use in petitioner's agriculture property in Patta No.19 of T.Edaiyar Village, Tirukovilur Taluk, Villupuram District. Writ Petition No.27703 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to extend the period granted under the Order in Ref.Na.Ka.No.A4/3516/2017, dated 25.07.2017 for removal of Alluviual Soil from the Lake in Survey No.209/1, Panapakkam Village, Tirukoilur Taluk, Villupuram District for the use in petitioner's agriculture property in Patta No.213 in Survey No.209/1, 2A of T.Edaiyar Village, Tirukovilur Taluk, Villupuram District.
For Petitioner : Mr.K.Mohanamurali (in W.P.Nos.27702 & 27703 of 2017) For Respondent : Mr.R.Govindasamy Special Government Pleader (in W.P.Nos.27702 & 27703 of 2017)
C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage themselves.
2. Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.
3. Though these writ petitions are filed seeking for a direction to the respondents to extend the period of permission for removal of Alluvial Soil from the lake in Survey No.209/1, Panappakkam Village, Tirukoilur Taluk, Villupuram District, in pursuant to an order dated 25.07.2017, issued by the first respondent, based on certain reasons set out in the affidavits filed in support of the writ petitions, the learned counsel for the petitioners submitted that it would suffice, if a direction is issued to the first respondent to consider the notice issued by the petitioners through their lawyer on 08.09.2017, wherein the very same relief is sought for extension of the period of permission.
4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the first respondent to consider and decide the same.
5. The learned Special Government Pleader pointed out that the said notice was issued through his lawyer and therefore, the petitioners can be directed to give a separate representation.
6. Perusal of the said notice would also indicate that the petitioners are seeking for extension of permission. Therefore, the first respondent shall treat the said notice dated 08.09.2017, issued by the petitioners through their lawyer, as a representation of the petitioners and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, these writ petitions are disposed of. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk
To 1.The Collector Villupuram District, Villupuram.
2.The Revenue Divisional Officer Tirukovilur Taluk Villupuram District.
3.The Thasildhar Tirukovilur Taluk Villupuram District.
+2cc's to Mr.K.Mohanamurali, Advocate, S.R.No.76424, 76425 +1cc to the Government Pleader, S.R.No.77353 W.P.Nos.27702 & 27703 of 2017 SK(CO) GN(13/11/2017)