N.Palanivel v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2016
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.40803 of 2015 and M.P. No.1 of 2015 N. Palanivel Petitioner vs.
State of Tamil Nadu represented by its Secretary Revenue Department Fort St. George Chennai 600 009 The District Collector Nagapattinam District The Revenue Divisional Officer Myladuthurai Nagapattinam District The Tahsildar Sirkali Taluk Nagapattinam District A. Paramasivam A. Balasubramanian Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to take immediate action to remove the encroachments made by the fifth and sixth respondents from the Government lands classified as "Kalam" comprised in Survey No.316/1 at Mel Nangur Village,Sirkali Taluk, Nagapattinam District, within a time frame.
For petitioner Mr. A. Mohamed Ismail For RR 1-4 Mr. N. Sakthivel Government Advocate
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondents 1 to 4. Notice to respondents 5 and 6 is dispensed with at this stage, inasmuch 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 Government Advocate appearing for respondents 1 to 4, this writ petition is taken up for final disposal, at the admission stage itself.
2 This writ petition is filed seeking a writ of mandamus directing the second respondent to take immediate action to remove the encroachments made by respondents 5 and 6 in the Government lands classified as "Kalam" comprised in Survey No.316/1 at Mel Nangur Village, Sirkali Taluk, Nagapattinam District, within a time frame.
The petitioner, noticing that the Government land, classified as "Kalam Poramboke", has been encroached by respondents 5 and 6, addressed several representations to the local bodies seeking removal of the said encroachment. Finding no response to the said representations, the petitioner addressed a representation dated 17 November 2015 to the second respondent, viz., the District Collector, seeking removal of the alleged encroachment. However, no action has been taken pursuant to the said representation. Thus, feeling aggrieved by the inaction on the part of the authorities, the petitioner has come up with the instant writ petition seeking the aforestated relief.
Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, we direct the second respondent to consider and pass orders on the petitioner's representation dated 17 November 2015 on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Needless to state that an opportunity of hearing be afforded to the alleged encroachers, including the respondents 5 and 6, before taking any consequential action, if need be.
The writ petition stands disposed of accordingly sans costs. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
To The Secretary Revenue Department State of Tamil Nadu Fort St. George Chennai 600 009 The District Collector Nagapattinam District The Revenue Divisional Officer Myladuthurai Nagapattinam District The Tahsildar Sirkali Taluk Nagapattinam District +1cc to the Government Pleader, S.R.No.270 + 1 cc to Mr. A. Mohamed Ismail, Advocate Sr 112 (01/02/2016) W.P. 40803 of 2015 ctk(CO) srg(12/01/2016)