Madras High CourtWP/3787/2015disposed of

R.Kumaravel, v. The District Collector

2015-02-16Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.3787 of 2015 R. Kumaravel

...Petitioner

vs.

The District Collector Coimbatore District Coimbatore 641 018 The Revenue Divisional Officer Coimbatore District Coimbatore 641 018 The Tahsildar Annur Taluk Annur, Coimbatore District The Tahsildar North Taluk Balasundaram Road Coimbatore 641 018 A. Subramaniam

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representations dated 18.08.2014, 15.12.2014 and 05.01.2015 within a time frame.

For petitioner :

Mr. A. Edwin Prabakar For RR 1 - 4 :

Mr. N. Sakthivel Government Advocate

ORDER

This writ petition is filed seeking a writ of mandamus directing the respondents to consider the petitioner's representations dated 18.08.2014, 15.12.2014 and 05.01.2015 within a time frame. Mr. N. Sakthivel, learned Government Advocate, takes notice for the respondents 1 to 4. It is not necessary to issue notice to the fifth respondent, as it is a case of only consideration of the petitioner's representations and no decision can be taken on the said representations without affording an opportunity of hearing to the fifth respondent. Thus, we are passing this order at the admission stage itself, without issuing notice to the fifth respondent. Considering the limited scope of the relief sought by the petitioner, the concerned authorities are directed to consider and pass orders on the petitioner's representations dated 18.08.2014, 15.12.

2014 and 05.01.2015 in accordance with law and on their own merits and take action for removal of encroachment, if, on enquiry, it is found that encroachment, as claimed by the petitioner, exists. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. Needless to state that any action taken has to be subject to a proper opportunity of hearing to the alleged encroachers, including the fifth respondent. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar cad

To The District Collector Coimbatore District Coimbatore 641 018 The Revenue Divisional Officer Coimbatore District Coimbatore 641 018 The Tahsildar Annur Taluk, Annur, Coimbatore District The Tahsildar North Taluk Balasundaram Road Coimbatore 641 018 1 CC to the Government Pleader, SR.No. 8421 W.P. No.3787 of 2015 SAI (CO) PSI (26.02.2015)