Madras High CourtWP/19546/2021disposed of

Gopal v. The District Collector

2021-09-16Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.19546 of 2021 1.Gopal 2.Ramachandran

...Petitioners

Vs.

1. The District Collector, Thriruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District Thiruvannamalai.

3. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

4. The Tahsildar, Kilpennathur Taluk Office, Thriruvannamalai District.

5. The Block Development Officer, Kilpennathur, Thriruvannamalai District.

6. The Panchayat President, Thandarai Village, Kilpennathur Taluk, Thiruvannamalai District.

7. The Inspector of Police, Veraiyur Police Station, Veraiyur.

8. Elumalai

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 7 to consider the

petitioner's representation dated 11.06.2021 and take proper action within a stipulated time as per the G.O.(Ms).No.540 Revenue (LD6(2) Department dated 04.12.2014.

For petitioners : Mr.K.Kathiresan For respondents : Mr.T.N.C.Kaushik Govt. Counsel (for R1 to R7)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) Mr.T.N.C.Kaushik, learned Government Counsel takes notice for the respondents 1 to 7. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come forward with this writ petition for issuance of a Writ of Mandamus to direct the respondents 1 to 7 to consider their representation, dated 11.06.2021 and take proper action within a stipulated time as per the G.O.(Ms). No.540 Revenue (LD6(2) Department, dated 04.12.2014. 3.It is the case of the petitioners that they are residing in a house constructed at Plot No.28, in Thandarai Village. The Plot No.19 is being used by them as well as other Plot owners to reach their property, which has been classified as 'Government Natham Poramboke Land'.

The grievances expressed by the petitioners is that the 8th respondent, who is the resident of Plot No.20, has encroached the land in Plot No.19 to an extent of 6 feet and he is attempting to build his house, which would cause hindrance to the petitioners and other owners of the plots. Hence, they made representations to the respondents on 29.05.2021 and 11.06.2021 to remove the encroachment. Since no action has been taken, the present writ petition has been filed. 4.Mr.K.Kathiresan, learned counsel appearing for the petitioners would state that the petitioners would be satisfied, if a suitable direction is issued to the fourth respondent to take action on the basis of the representation of the petitioner. 5.Mr.T.N.C.

Kaushik, learned Government Counsel appearing for the official respondents would state that the representation of the petitioners is pending consideration with the fourth respondent and he is ready to take action in accordance with law. 6.In the light of the prayer sought for in this writ petition and also considering the submissions of the learned counsels, this Court, without going into the merits of the matter, directs the fourth respondent to take appropriate action on the basis of the petitioners' representation dated 11.06.

and pass orders in accordance with law, after providing ample opportunity to all the necessary parties. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

7.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar skn To