C.Eswaramoorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.Eswaramoorthy ... Petitioner Vs.
1. The District Collector Office of the District Collector Collectorate Erode
2. The Revenue Division Officer Office of the Revenue Divisional Officer Perundurai Erode District
3. The Tahsildar Taluk Office Perundurai Erode District
4. The Block Development Officer Office of the Block Development Officer Perundurai Erode District Page Nos.1/9
5. The Executive Officer Perundurai Special Grade Town Panchayat Erode District
6. Tmt.Arulmozhiselvi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to take immediate steps to remove the encroachment made by the 6th respondent by dumping sand upto 10 feet on the public road in Ward No.11GVDL Nagar, 2nd Cross Street, measuring 12690 Sq.ft running East-West belonging to the 5th respondent Panchayat to suit the level of the house of the 6th respondent, which has submerged the house of the petitioner and completely blocked the freedom of moment, by considering the representation of the petitioner dated 03.06.2019, 12.04.2021 and 16.03.2024 to the respondents 1 to 5.
For Petitioners :
Mr.N.S.Suganthan For Respondents :
Mr.P.Balathandayutham Special Government Pleader
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed with a prayer pertaining to a complaint that R6 (private respondent) has dumped sand upto 10 feet on the public road in Ward No.11-GVDL Nagar, 2nd Cross Street, measuring 12690 Sq.ft running East-West belonging to the 5th respondent Panchayat.
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2. Issue notice to official respondents.
3. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for Respondents 1 to 5.
4. Learned State counsel, on instructions, submits that steps have already been kick started and learned State counsel drew our attention to Section 118 of 'Tamil Nadu Urban Local Bodies Act, 1998 ('Tamil Nadu Act 9 of 1999)' [hereinafter 'Tamil Nadu Urban Act' for the same of brevity] and submitted that the exact measurement qua said street is also being done.
5. The prayer refers to three representations i.e., representations dated 03.06.2019, 12.04.2021 and 16.03.2024, the last representation dated 16.03.2024 as placed before us reads as follows: Page Nos.3/9
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6. The aforesaid representation shall be disposed of by R5 as expeditiously as the business of R5 would permit and we are acutely conscious that we have taken up main writ petition with the consent of both sides in the Admission Board and we are disposing of the same when private respondent (R6) is not before us. Therefore, we put in a safety valve qua private respondent by saying that R5 while disposing of aforementioned representation shall ensure that the rights and contentions of R6, if any, are considered. However, if it is a case of removal under Section 128(1)(a) of said Act, we make it clear that show-cause notice question will not arise as in a case of removal under Section 128 (1)(b) of said Act. Therefore, let the representation be disposed of on its own merits and in accordance with law as expeditiously as the business of R5 would permit in any event within a period of 8 weeks from today i.e., 19.08.2024. Page Nos.6/9
7. Captioned WP disposed of with the aforementioned directive. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 24.06.2024 Index : Yes / No gpa P.S. I: Upload forthwith P.S.II : All concerned including Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded. P.S:III Though the captioned Writ Petition is disposed of by this order, let the writ petition appear in the cause list under the cause list caption 'FOR REPORTING COMPLIANCE' on 23.08.2024.
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To
1. The District Collector Office of the District Collector Collectorate Erode
2. The Revenue Division Officer Office of the Revenue Divisional Officer Perundurai Erode District
3. The Tahsildar Taluk Office Perundurai Erode District
4. The Block Development Officer Office of the Block Development Officer Perundurai Erode District Page Nos.8/9
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 24.06.2024 Page Nos.9/9