N.Sundaresan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.19915 of 2021 and W.M.P.No.21162 of 2021 N.Sundaresan

...Petitioner

Vs.

1. The District Collector,

2. The District Revenue Officer,

3. The Tahsildar, Thiruporur Taluk,

4. The Block Development Officer, Thiruporur Union, Chengalpattu District.

5. Ramakrishnan

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to restrain the 5th respondent from encroaching the land in survey No.1351/1F Thaiyur Village, Thiruporur Taluk, Chengalpattu District and issue further direction directing the respondents 1 to 4 to take appropriate action against the 5th respondent for his illegal attempt of the encroachment of the above said land in survey no.1351/1F.

For the Petitioner :

Mr.S.Rajanikanth For the Respondents :

Mr.P.Muthukumar State Government Pleader for RR 1 to 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of the private respondent attempting to encroach into a government land used as a playground.

2. In view of the order proposed to be made, no previous notice is required to be issued to the private respondent.

3. Mr.P.Muthukumar, learned State Government Pleader, appears for the respondent Nos.1 to 4. According to him, the Tahsildar, Thiruporur Taluk in Chengalpattu District would be the appropriate authority to look into the petitioner's grievance.

4. Without going into the merits of the allegations levelled by the petitioner, the petitioner is permitted to carry a fresh, detailed representation to the third respondent Tahsildar within four weeks from date, whereupon the Tahsildar will conduct an inquiry, upon notice to the private respondent and others likely to be affected by any action that may be taken. The reasoned decision of the Tahsildar should be forwarded to both the petitioner and the private respondent within eight weeks of the receipt of the petitioner's representation in terms of this order. If any encroachment is discovered, immediate appropriate action should be taken in accordance with law.

W.P.No.19915 of 2021 is disposed of. There will be no order as to costs. Consequently, W.M.P.No.21162 of 2021 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To:

1. The District Collector,

2. The District Revenue Officer,

3. The Tahsildar, Thiruporur Taluk,

4. The Block Development Officer, Thiruporur Union, Chengalpattu District.

+2 CCs to Mr.S.Rajanikanth, Advocate, Sr.No. 47741. W.P.No.19915 of 2021 LN(CO) LS(27/09/2021)