M.Jeevanandham v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P.No.37465 of 2015 M. Jeevanandham ...

Petitioner Vs 1 The District Collector, Kancheepuram.

2 The Tahsildar, Sriperumbudur Taluk Office, Kancheepuram District.

... Respondents Writ petitions filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus directing the 2nd respondent to take action on the petitioner's representation dated 15.06.2015 seeking to remove the encroachment made in the Burial Ground comprised in Survey No. 42/4 measuring an extent of 24.5 ares (61 cents) situated at Moulivakkam Village, Sriperumbudur Taluk, Kancheepuram District.

For Petitioner : Mr P. Vasanth For Respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader

ORDER

(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself. The petitioner, claiming to be a resident of Bajanai Kovil Street, Moulivakkam Village, Chennai, has made a representation dated 15th June, 2015 to the respondents https://hcservices.ecourts.gov.in/hcservices/

1 to 3, seeking removal of the encroachment in the burial ground. Since the said representation has not been given heed to by the authorities, the instant writ petition has been filed by the petitioner for a direction to consider his aforestated representation and take consequential action for removal of the encroachment in the burial ground.

Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, appearing for the respondents submits that the aforestated representation will be considered and necessary action will be taken for removal of the alleged encroachment, in accordance with law, within a period of six weeks. 4 In view of the above submission made by the learned Special Government Pleader appearing for the respondents, without going into the merits of the case, the respondents are directed to consider the petitioner's representation dated 15th June, 2015 and take necessary consequential action, after proper survey and inspection of the place in question and also after affording an opportunity of hearing to the concerned parties.

This writ petition stands disposed of with the above direction. Costs made easy.

ra -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 The District Collector, Kancheepuram.

2 The Tahsildar, Sriperumbudur Taluk Office, Kancheepuram District.

+ 1 cc to Mr.P.Vasanth, Advocate SR 63952 + 1 cc to Govt.Pleader SR 64254 lrs(co) prk22/12 W.P. No.37465 of 2015 https://hcservices.ecourts.gov.in/hcservices/