Veerammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.05.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MS.JUSTICE R.N.MANJULA Veerammal ..
Petitioner Vs.
1. The District Collector Collector Office
2. The Tahsildar Tahsildar Office Pennagaram.
3. The Firka Surveyor Eriyur Pennagaram 636 810.
4. The Village Administrative Office Ajjnaali Village Mungilmaduvu Village
5. Pazhani
6. Govindharaj
7. Chandra
8. Dhanam
9. Perumayi 10.Govindhan 11.The Block Development Officer ..
Respondents [R11 suo motu impleaded vide order dated 24.05.2023] Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 4 to take action on the petitioner's representation dated 03.05.2023 within a time stipulated by this Court.
For the Petitioner : Mr.M.Jaisingh For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4 & 11
ORDER
(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 4 to take action on her representation dated 03.05.2023.
2. According to the petitioner, her land is located in S.Nos.140/1 and 142/5 and near to it, a stream is located in S.No.140/2, which is the main source of water for the villagers. The said stream has been encroached by the respondents 5 to 10. Hence, the petitioner made a representation to the first respondent on 03.05.2023 for removing the said encroachment. As no action has been taken, the present writ petition has been filed.
3. Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the respondents 1 to 4 and 11, submitted that the Block Development Officer, Pennagaram is the competent authority to remove the encroachment and since he is not a party to the writ petition, he may be impleaded and directed to remove the encroachment within a period of four weeks.
4. In view of the submission that the Block Development Officer, Pennagaram is the competent authority to remove the encroachment, he is suo motu impleaded as the eleventh respondent. The petitioner is directed to furnish all the papers, along with this order copy, to the
Block Development Officer, Pennagaram within one week from the date of receipt of a copy of this order and on receipt of the same, the Block Development Officer, Pennagaram, is directed to consider the representation of the petitioner dated 03.05.2023 and remove the encroachment, if any, within a period of four weeks thereafter.
5. The writ petition is disposed of. There will be no order as to costs.
(T.R., ACJ.) (R.N.M., J.) 24.05.2023 Index : Yes/No : Yes/No kpl/mrn
To
1. The District Collector Collector Office
2. The Tahsildar Tahsildar Office Pennagaram.
3. The Firka Surveyor Eriyur Pennagaram 636 810.
4. The Village Administrative Office Ajjnaali Village Mungilmaduvu Village
5. The Block Development Officer
T.RAJA, ACJ, and R.N.MANJULA, J.
(kpl/mrn) 24.05.2023