Mr.S.Ranjith Kumar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.12.2019
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.16411 of 2018 S.Ranjith Kumar .. Petitioner ..Vs..
1.The District Collector, Office of Collectorate, 2.The District Revenue Officer, Tiruppur District, Tiruppur.
3.The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4.The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District.
5.The Assistant Engineer, Public Works Department, Udumalpet, 6.The Chief Engineer, Public Works Department, Udumalpet, Tirupur District.
7.The Executive Engineer, Tamilnadu Electricity board, TNEB Office Palladam Road, Udumalpet, Tirupur District.
8.P.T.Pyas Thomas .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 7 to consider the petitioner representation dated 18.06.2018.
For Petitioner : Mr.A.Saranraj For Respondents: Mr.R.Govindasamy Special Government Pleader
O R D E R
The 8th respondent purchased the land in Survey No.435/B-1 in Vadaboothinatham, Sundakampalayam, Udumalpet, Tirupur District. The petitioner and his sons are owners of Survey Nos.438, 436 and 434. It is stated that the 8th respondent has purchased the property to the southern side of the petitioner's property and without getting any permission or approval, he had started to dig a giant well using high powered explosives and heavy machineries. Since it caused high vibrations and serious damage to the nearest water tank, the petitioner had filed the present writ petition in the nature of Writ of Mandamus, to direct the respondent to consider his representation dated 18.06.2018. The petitioner has impleaded several officials as respondents in this case namely District collector, District Revenue Officer, Revenue Division Officer, Tahsildar, The Assistant Engineer, The Chief Engineer, The Executive Engineer respectively.
2.The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the representation dated 18.06.2018 submitted by the petitioner herein and also consider the relevant G.O.M.S.No.2260 dated 03.11.1967.
3.Considering the facts and circumstance of this case, this Court directs the third respondent to conduct an inspection to find out whether the land is public land/Government Poramboke or a patta land and after conducting enquiry after giving due opportunity pass final orders on or before 31.03.2020. With the above directions, the Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar tta To 1.The District Collector, Office of Collectorate, 2.The District Revenue Officer, Tiruppur District, Tiruppur.
3.The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4.The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District.
5.The Assistant Engineer, Public Works Department, Udumalpet, 6.The Chief Engineer, Public Works Department, Udumalpet, Tirupur District.
7.The Executive Engineer, Tamilnadu Electricity board, TNEB Office Palladam Road, Udumalpet, Tirupur District.
+1cc to Mr.Sugumaran , Advocate SR.No. 100943 +1 cc to Government Pleader Sr.No. 101182 W.P.No.16411 of 2018 A.SK(22/01/2020)