Madras High CourtWP/15264/2024disposed of

Periyasamy v. The District Collector

2024-06-13Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Periyasamy S/o.Manickam ... petitioner Vs.

The District Collector The Collectorate Krishnagiri District 635 115.

The District Revenue Officer O/o. The District Revenue Officer Krishnagiri - 635 115.

The Project Director National Highways Department NH-77 O/o. The Project Director Villupuram - 605 401.

The Assistant Executive Engineer National Highways Department NH-77 O/o. The Assistant Executive Engineer Dharmapuri District.

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The Divisional Engineer National Highways Department, O/o. The Divisional Engineer Kuranguchavadi, Omalur Main Road Salem-636 004.

The Thasildar O/o. The Tahsildar Uthangarai, Krishnagiri District-635 207.

Selvaraj S/o.Manickam ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 6 to initiate appropriate action to remove the encroachments in the Water Body namely, 'Aerikodi Canal' and 'Highways Poramboke Land' which is running through the lands comprised in S.Nos.80/3 and 80/4 situated at Gurugapatti Village, Singarapettai, Uthangarai Taluk, Krishnagiri District, on the basis of the petitioner's representation dated 09.05.2024. For Petitioner :

Mr.I.Siddiq representing M/s.Dass and Viswa Associates For Respondents :

Mr.C.Selvaraj Additional Government Pleader for R1, R2, R4 to R6 Mr.Su.Srinivasan Standing Counsel for NHAI for R3

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] In the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} alleged encroachment in a Water Body (water canal) / Highway land is writ petitioner's complaint.

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2. We find that writ petitioner has sent a representation dated 09.05.2024 and a scanned reproduction of the same is as follows: Page Nos.3/8

3. Aforementioned '09.05.2024 representation' shall hereinafter be referred to as 'said representation' for the sake of convenience and clarity. Page Nos.4/8

4. Mr.I.Siddiq, learned counsel of M/s.Dass and Viswa Associates (Law Firm) on behalf of writ petitioner in the hearing today abridged the prayer and submits that it will suffice if a simple directive is issued to District Collector to dispose of the said representation.

5. Owing to the aforementioned abridged prayer, we issue notice to official respondents. Mr.C.Selvaraj, learned Additional Government Pleader accepts notice for R1, R2, R4 to R6 and Mr.Su.Srinivasan, learned Standing Counsel for NHAI accepts notice for R3.

6. We are acutely conscious that R7 is a private respondent. However, as we are disposing of the captioned WP in the Admission Board, we shall be putting in a safety valve qua R7 and that would be in the nature of directing R1 to give an opportunity to R7 to show cause before disposing of said representation. We also make it clear that all rights and contentions of R7 are preserved in this regard. In other words, this order does not impact all rights of R7 in any manner.

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7. In the light of the narrative thus far, we dispose of the captioned WP with a simple directive to R1 {District Collector, The Collectorate, Krishnagiri District-635 115} to dispose of said representation (09.05.2024 representation scanned and reproduced supra) after giving an opportunity to R7 to show cause as expeditiously as the business of R1 would permit but in any event on or before 31.07.2024.

8. We make it clear that when we say opportunity to R7 to show cause that does not mean that a personal hearing is imperative. Whether a personal hearing is necessary will be at the discretion of R1 (District Collector) and that depends on the cause shown. We do not express any view on the same.

9. Proceedings of R1 disposing of said representation shall be communicated to writ petitioner as well as R7 within seven working days (under due acknowledgment) from the date of disposal i.e, date of proceedings.

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Captioned WP disposed of in the aforesaid manner with the aforementioned simple directive. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 13.06.2024 Index : Yes / No Speaking / Non-speaking mk To 1.