R.D.Boobalan, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.39236 of 2015 R.D. Boobalan Petitioner vs.

The Collector Kancheepuram District Office of the Collector Kancheepuram District The District Revenue Officer Office of the District Revenue Officer Kancheepuram District The Tahsildar Sholinganallur Taluk Sholinganallur, Chennai The Revenue Inspector Pallikaranai Chennai Ganesh Kumar Rafiq Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to take action as against the respondents 5 and 6, who, being the encroachers in Survey No.70 at Narayanapuram, Gandhi Nagar, Pallikaranai, based upon the representation dated 03.10.2015 given by the petitioner within a time frame. For petitioner Mr. K. Venkateswaran For RR 1 to 4 Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for respondents 1 to 4. Notice to respondents 5 and 6 is dispensed with, at this stage, inasmuch as no adverse order is passed against them in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned Special Government Pleader, this writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus directing the official respondents to take action against the private respondents, who have allegedly encroached in Survey No.70 at Narayanapuram, Gandhi Nagar, Pallikaranai, based upon the petitioner's representation dated 03 October 2015. Noticing that the private respondents have made encroachment on the aforesaid property, which is a Government poramboke land, the petitioner has addressed a representation dated 03 October 2015 to the official respondents, seeking removal of the said encroachment. Finding no response to his representation, the petitioner has come up with the instant writ petition seeking the aforestated relief.

The learned Special Government Pleader appearing for the official respondents submits that after verifying as to whether the private respondents have made encroachment on the Government poramboke land, appropriate orders would be passed on the petitioner's representation on its own merits and in accordance with law, within a a period of four weeks. In view of the above submission of the learned Special Government Pleader, it is ordered accordingly. Needless to state that an opportunity of hearing be afforded to the private respondents, before taking any consequential action, if need be. The writ petition stands disposed of with the above observations, sans costs.

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

To The Collector Kancheepuram District Office of the Collector Kancheepuram District The District Revenue Officer Office of the District Revenue Officer Kancheepuram District The Tahsildar Sholinganallur Taluk Sholinganallur, Chennai The Revenue Inspector Pallikaranai Chennai + 1 cc to Mr.K.Venkateswaran, Advocate SR.67405 + 1 cc to Government Pleader Sr.67832 W.P. No.39236 of 2015 VS(CO) EU 22.12.15