K.Rajalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.18684 of 2019 K.Rajalakshmi .. Petitioner Vs.

1. The District Collector Villupuram District Villupuram.

2. The Tahsildar Ulundurpet Taluk Villupuram District.

3. Natesan

4. The Block Development Officer (BDO) Ulundurpet Villupuram District.

.. Respondents (Impleaded vide order dated 6.3.2020 made in WMP.No.25865 of 2019) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 and 2 to remove the encroachment made by the third respondent in government property of temple poromboke land in S.No.24 of Ellaigramam Village, Ulundurpet Taluk, Villupuram District. For Petitioner : Mr.S.Ramajayam

For Respondents : Mr.K.S.Suresh Government Advocate for respondents 1, 2 and 4 Ms.Varsha for 3rd respondent

ORDER

(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) This writ petition pertains to the removal of the alleged encroachment by the third respondent in a temple property, which is classified as poramboke land.

2. In several earlier orders, including the order dated 20.1.2021 made in W.P.No.981 of 2021 (N.Shanmugam vs. Government of Tamil Nadu), this Court disposed of such writ petitions by directing the authorities concerned to consider the representation made by the writ petitioner. In this case, there is a representation dated 13.6.2018 and the case of the writ petitioner is that the said representation has not been disposed of.

3. The official respondents are directed to consider and pass a speaking order on said representation within six weeks from the date of receipt of a copy of this order. If any encroachment as alleged is present on government land, necessary action should be taken. No view is expressed herein as regards the merits of or tenability of the petitioner's representation. In case the writ petitioner is aggrieved by the manner in which the representation has been disposed of, it is open to the writ petitioner to take further action, otherwise than by a public interest litigation, in accordance with law in respect of the disposal of such representation. In this regard, the parties are directed to take note of and pursue remedies in accordance with G.O.Ms.No.540, Revenue [LD6(2)] Department, dated December 4, 2014.

W.P.No.18684 of 2019 stands disposed of on the above terms. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To:

1. The District Collector Villupuram District Villupuram.

2. The Tahsildar Ulundurpet Taluk Villupuram District.

3. The Block Development Officer (BDO) Ulundurpet Villupuram District.

+1 CC to Mr.S.Ramajayam, Advocate sr 4256.

W.P.No.18684 of 2019 MG(CO) SP(09/02/2021)