K.Thangarasu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-02-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.3505 of 2015 and M.P. No.1 of 2015 K. Thangarasu ..Petitioner Vs.
1 The District Collector Namakkal District 2 The Tahsildar Tiruchencode Namakkal District 3 Pallipalayam Panchayat Union represented by its Commissioner Pallipalayam Namakkal District 4 The Chairman Pallipalayam Panchayat Union Pallipalayam Namakkal District ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from putting up any construction or building in the land comprised in S.No.51/5, Kumarapalayam Amani Village, Tiruchencode Taluk, Namakkal District classified as grazing field (nka;r;ry;; jiu) in the ARegister dated 30.12.2014 issued by the second respondent besides in any manner interfering with the petitioner's possession and enjoyment of the aforesaid land.
For petitioner Mr. G. Ethirajulu For RR 1 & 2 Mr. P.S. Sivashanmugasundaram Special Government Pleader For RR 3 & 4 Mr. P. Sanjay Gandhi Additional Government Pleader
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashnamugasundaram, learned Special Government Pleader, takes notice for respondents 1 and 2. Mr. P. Sanjay Gandhi, learned Additional Government Pleader, takes notice for respondents 3 and 4. With the consent of the respective learned counsel, the writ petition is taken up for final disposal at the admission stage itself.
2. The instant writ petition has been filed seeking a writ of mandamus forbearing the respondents from putting up any construction or building in the land comprised in S.No.51/5, Kumarapalayam Amani Village, Tiruchencode Taluk, Namakkal District, classified as grazing field (nka;r;ry;; jiu) in the A-Register dated 30.12.2014 issued by the second respondent, besides in any manner interfering with the petitioner's possession and enjoyment of the aforesaid land.
3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if the petitioner's representation dated 03.01.2015 is directed to be considered and orders passed thereon, within a stipulated time.
4. In view of the above submission made by the learned counsel for the petitioner, the authorities concerned are directed to consider and pass orders on the petitioner's representation dated 03.01.2015 in accordance with law and on its own merits, within a period of six weeks from the date of receipt of a copy of this order and take action for removal of encroachment, if on enquiry, it is found that encroachment, as alleged by the petitioner, exists. Needless to state that such exercise shall be completed after giving an opportunity of hearing to the alleged violators/encroachers.
5. The writ petition stands disposed of with the above directions. No costs. Connected Miscellaneous Petition is closed. cad Sd/- Assistant Registrar // True Copy // Sub-Assistant Registrar
To 1 The District Collector Namakkal District 2 The Tahsildar Tiruchencode Namakkal District 3 The Commissioner Pallipalayam Panchayat Union Pallipalayam Namakkal District 4 The Chairman Pallipalayam Panchayat Union Pallipalayam Namakkal District +1 C.C. To Government Pleader, (Sr.No.7656) W.P. No.3505 of 2015 UG(CO) sd 23/02/2015