C.Manikandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No. 33025 of 2015 C. Manikandan .... Petitioner vs.

1 The District Collector Villupuram District, Villupuram.

2 The Tahsildar, Gingee Taluk , Villupuram District.

3 Balakrishnan 4 Paranthaman 5 Shanmugam ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st and 2nd respondents to remove the encroachment caused by the respondents 3 to 5 in Survey No.299 situated at Nochalur Village, Gingee Taluk, Villupuram District.

For petitioner : Mr. C. Munusamy For respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 & R2

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents 1 and 2. Notice to respondents 3 to 5 is dispensed with, at this stage, as no consequential action shall be taken by the concerned authorities, without notice to them. Thus, with the consent of the learned counsel for the petitioner and the learned Special Government Pleader, appearing for the official respondents, this https://hcservices.ecourts.gov.in/hcservices/

writ petition is taken up for final disposal, at the admission stage itself.

This is a case where the petitioner, without affording reasonable time to the authorities, had rushed to this Court, seeking a direction to the respondents 1 and 2 to consider his representation dated 23.09.2015.

On 23.09.2015, the petitioner has made a representation bringing to the notice of the authorities concerned, the encroachment made by the private respondents in S.No.299 of Nochalur Village, which is allegedly a lake. But, the instant petition is filed on 13.10.2015 within a period of three weeks from the date of the representation. The authorities are entitled to a reasonable time to consider the petitioner's representation.

Regard being had to the fact situation, we direct the authorities to examine the representation and take consequential action expeditiously. The writ petition stands disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ra To 1 The District Collector Villupuram District, Villupuram.

2 The Tahsildar, Gingee Taluk , Villupuram District.

+1 cc to Government Pleader, sr.57758 W.P. No.33025 of 2015 rsi co kra 03/11/2015 https://hcservices.ecourts.gov.in/hcservices/