Saravanan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2024

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and WMP.No.14850 of 2024

1. Saravanan

2. Settu ... Petitioners Vs.

1. The District Collector, Vellore District, Vellore.

2. The Assistant Director, Land Survey Records, Collectorate, Vellore District Vellore 632 009.

3. The Revenue Divisional Officer, Gudiyatham, Vellore District.

4. The Tahsildar, Gudiyatham, Vellore District.

5. The Block Development Officer, Gudiyatam Panchayath Union, Vellore District.

1/6

6. T.R.Udayakumar ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 5th respondent in proceedings dated 07.05.2024 issued under Section 7 of the Tamil Nadu Land Encroachment Act 1905 and quash the same consequently consider the petitioner's representation dated 18.12.2020 issue patta to the petitioner's occupation properties in S.No.237/68 and S.No.237/70 Kalapatti Village, Gudiyatham Taluk, Vellore District. For Petitioners :

Mr.S.N.Subramani For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R5

ORDER

[Order of the Court was made by P.T.ASHA, J.,] By consent, the main writ petition itself is taken up for final disposal at the admission stage.

2. This writ petition is filed for issuance of Writ of Certiorarified Mandamus to call for the records of the 5th respondent in proceedings dated 2/6

07.05.2024 issued under Section 7 of the Tamil Nadu Land Encroachment Act 1905 and quash the same consequently consider the petitioner's representation dated 18.12.2020 issue patta to the petitioner's occupation properties in S.No.237/68 and S.No.237/70 Kalapatti Village, Gudiyatham Taluk, Vellore District.

3. Though the relief sought for in the writ petition is larger in nature, the learned counsel for the petitioner has restricted his relief by submitting that the 3rd respondent may be directed to consider the representation of the petitioners dated 18.12.2020 and dispose of the same within a particular time frame to be fixed by this Court.

4. Heard the learned counsel on either side.

5. Considering the facts and circumstances of the case, without going into the merits of the case, the 3rd respondent is directed to consider the representation of the petitioners dated 18.12.2020 and pass reasoned orders on merits and in accordance with law, within a period of eight weeks from 3/6

the date of receipt of a copy of this order, after giving notice to the interested parties. Till such time no coercive steps shall be taken by the respondents on the Section 7 notice.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. WMP.No.14848 of 2024 is ordered on payment of single Court fee.

7. Post the matter under the caption "for reporting compliance" on 20.06.2024.

(P.T.A.,J.) (N.S.,J.) 16.05.2024 Index : Yes / No : Yes / No dpq 4/6

To

1. The District Collector, Vellore District, Vellore.

2. The Assistant Director, Land Survey Records, Collectorate, Vellore District Vellore 632 009.

3. The Revenue Divisional Officer, Gudiyatham, Vellore District.

4. The Tahsildar, Gudiyatham, Vellore District.

5. The Block Development Officer, Gudiyatam Panchayath Union, Vellore District.

5/6

P.T.ASHA, J.

, and N.SENTHILKUMAR, J., dpq 16.05.2024 6/6