A.C.Devakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:07.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.18735 of 2021 A.C.Devakumar

...Petitioner

Vs 1 The District Collector Tirupattur District 2 The Thasildar Vaniyambadi, Vellore District 3 The Director of Town and Country Planning Chengalvarayan building 4th Floor, 807, Anna Salai, Chennai-2 4 The Assistant Director O/o.The District Town and country planning 394 Sai Baba Nagar Teachers Nagar Tirupattur 5 The Block Development officer Aalangayam Vaniyambadi 6 The Sub Registrar Vaniyambadi, Tirupattur 7 S.Ravi

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent 1 to 6 to consider and pass orders on the representation dated 7.8.2021 regarding illegal conversion of agricultural lands to that house plots in violation of the Rules. For the Petitioner :

Mr.L.Chandrakumar For the Respondent :

Mr.R.Anitha, Government Counsel, for respondents 1 to 6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Though there does not appear to be much element of public interest in this petition which may be born out of the petitioner's private grudge against the seventh respondent, since the grievance is of an illegality and the failure on the part of the official respondents to consider the petitioner's representation, an order is called for, for such representation to be dealt with in accordance with law.

2. The petitioner claims that the seventh respondent has purported to illegally convert agricultural land to house-plots in violation of the established procedure. The petitioner complains that the representations made to some of the official respondents have gone unheeded.

3. In view of the order proposed to be made, no previous service is required to be effected on the private respondent.

4. The petitioner is permitted to carry a fresh, detailed representation to the first respondent District Collector in respect of the matters complained of herein. The Collector will, upon receipt of the representation, cause an enquiry to be made upon previous notice to the private respondent. The Collector will deal with the petitioner's representation by a speaking order which ought to be communicated to both the petitioner and the private respondent within ten weeks of the receipt of the petitioner's representation.

5. In the event the Collector finds any illegality in the conversion or manner of conversion of the use of the relevant land, the Collector should take immediate appropriate action in accordance with law upon due notice to the private respondent.

6. It is made clear that the petitioner's allegations against the private respondent have not been gone into. W.P.No.18735 of 2021 is disposed of without any order as to costs. W.M.P.No.20000 of 2021 is closed.

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

tar To:

1 The District Collector Tirupattur District 2 The Thasildar Vaniyambadi, Vellore District 3 The Director of Town and Country Planning Chengalvarayan building 4th Floor, 807, Anna Salai, Chennai-2 4 The Assistant Director O/o.The District Town and country planning 394 Sai Baba Nagar Teachers Nagar Tirupattur 5 The Block Development officer Aalangayam Vaniyambadi 6 The Sub Registrar Vaniyambadi, Tirupattur +1 CC to Mr.L.Chandrakumar, Advocate, Sr.No. 45022. W.P.No.18735 of 2021 MG(CO) LS(16/09/2021)