M.Saraswathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.17327 in W.P.No.15887 of 2024 1.M.Saraswathi 2.M.Raja 3.M.Latha 4.M.Manjula rep. By their Power of Attorney Holder S.Senguttuvan .. Petitioners Vs.
1.The District Collector, Cuddalore District.
2.The Tahsildar, Virudhachalam Taluk, Cuddalore District.
3.The Block Development Officer, Virudhachalam Taluk, Cuddalore District.
4.The President, Kilpathi Village Panchayat, Virudhachalam Taluk, Cuddalore District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondents to remove the encroachment of cement road and drainage laid in petitioner's patta land in Survey No.113/4B-1A in 1/7
Patta No.525 in Kilpathi Village a total extent of 30.76 cents based on the petitioner's representation dated 19.02.2024. For Petitioner :
Mr.P.Asai Thambi For Respondents :
Mr.T.K.Saravanan, Govt. Advocate for R1 & R2 Mr.G.Nanmaran, Spl. Govt. Pleader for R3 & R4
ORDER
(Order of the Court was made by M.Sundar, J.) Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) pertains to 'land in Survey No.113/4B-1A (Patta No.525) in Kilpathi Village, Virudhachalam Taluk, Cuddalore District' (hereinafter 'said land' for the sake of brevity, convenience and clarity).
2. Mr.P.Asai Thambi, learned counsel for writ petitioners submitted that said land belongs to the writ petitioners and that the respondents have put up cement road and laid drainage in said land. We express no opinion or view on this submission as we would now be requesting R1 (District Collector, Cuddalore District) to consider a representation sent by the writ petitioners in this regard. To be noted, a representation was sent by the writ petitioners through their power of attorney agent Thiru.S.Senguttuvan, who is representing four writ petitioners in 2/7
the captioned WP also.
3. The handwritten representation dated 19.02.2024 and clean typed copy of the same as placed before us are as follows: 3/7
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4. Issue notice.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 and 2 and Mr.G.Nanmaran, learned Special Government Pleader accepts notice for respondents 3 and 4.
6. In the hearing, notwithstanding the prayer, learned counsel for writ petitioners abridged the prayer and submitted that it will serve the purpose for the present if there is a direction to R1 (District Collector, Cuddalore District) to dispose of aforementioned 'representation dated 19.02.2024' which shall hereinafter be referred to as 'said representation'.
7. In the light of the abridged prayer, the legal landscape of the captioned WP has shrunk and therefore with the consent of both sides, captioned main WP was taken up in the Admission Board.
8. Captioned WP is disposed of with a simple directive to R1 to consider and dispose of said representation on its own merits and in accordance with law as expeditiously as the business of R1 would permit but in any event within eight weeks from today i.e., 5/7
by 16.08.2024. The proceedings of R1 disposing of said representation shall be communicated to the power of attorney holder/agent of the writ petitioners under due acknowledgement within five working days therefrom. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter. Consequently, captioned WMP is disposed of as closed. There shall be no order as to costs.
(M.S.J.) (K.G.T.J.) 20.06.2024 Index:Yes/No mmi To 1.The District Collector, Cuddalore District.
2.The Tahsildar, Virudhachalam Taluk, Cuddalore District.
3.The Block Development Officer, Virudhachalam Taluk, Cuddalore District.
4.The President, Kilpathi Village Panchayat, Virudhachalam Taluk, Cuddalore District.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 20.06.2024 7/7