M.Ravindran v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 13.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.19139 of 2021 and WMP.No.20432 of 2021 M.Ravindran .. Petitioner

Versus

1. The Collector, Collectorate Office,

2. The Tahsildar, Pallavaram Taluk,

3. The Assistant Engineer, Public Works Department & Water Resources Department, Irrigation Section, Padappai 601 301.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to consider the representation dated 27.08.2021 and pass such further or other orders as this Court may deem fit.

For petitioner : Mr.T.S.Kannan For respondents : Mr.D.Ravichander

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the

representation of the petitioner dated 27.08.2021 and pass appropriate orders.

3. It appears that the third respondent issued a notice in Form III under Sub-rule (1) of Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, for which, the petitioner has submitted the said representation.

4. Mr.T.S.Kanmani, learned counsel for the petitioner would state that the third respondent may be directed to consider the representation of the petitioner.

5. Mr.D.Ravichander, learned Government Counsel appearing for the respondents would argue that the third respondent issued a notice to the petitioner, seeking eviction of the land to an extent of 600 sq.ft. stating that he has encroached upon the water body. Though the petitioner sent a representation, the third respondent is ready to treat it as a reply to the said notice and pass orders accordingly.

6. In the light of the prayer sought for in the Writ Petition and the submissions of the learned counsels appearing on either side, this Court, without going into the merits of the case, directs the third respondent to consider the representation of the petitioner as a reply to the notice issued under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act and pass orders in accordance with law, within a period of four weeks, after affording opportunity to the petitioner. Till then, the respondents shall not take any coercive action.

7. With the above observations and directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Collector, Collectorate Office,

2.The Tahsildar, Pallavaram Taluk, 3.The Assistant Engineer, Public Works Department & Water Resources Department, Irrigation Section, Padappai 601 301.

+2cc to Mr.TS.Kanmani, Advocate, S.R.No.46690 +1cc to the Government Pleader, S.R.No.46522 W.P. No.19139 of 2021 SJ(CO) CT/29/09/2021