Kandasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.19651 of 2021 Kandasamy,
...Petitioner
Vs.
1. The District Collector, District Collectorate,
2. The Revenue Divisional Officer, Attur & Taluk,
3. The Tahisldar, Attur Taluk,
4. The Block Development Officer, Block Development Office, Attur Taluk,
5. Samidurai
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the Respondents 1 to 4 to consider the Representation dated 03.07.2021 by removing the encroachment made upon in the Road (Pathai Poramboke) situated Survey No.138/1, Vepanatham Village, Attur, Taluk Salem District. For petitioner : Mr.V.Gunasekar For respondents : Mr.T.N.C.Kaushik Government Counsel (for R1 to R3) Mr.P.Balathandayutham Standing Counsel (for R4)
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM,J) Mr.T.N.C.Kaushik, learned Government Counsel takes notice for the respondents 1 to 3 and Mr.P.Balathandayutham, learned Standing Counsel takes notice for the fourth respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2.This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to consider the petitioner's representation dated 03.07.2021 by removing the encroachment made upon in the Road (Pathai Poramboke) situated Survey No.138/1, Vepanatham Village, Attur, Taluk Salem District. 3.The learned Government Counsel appearing for the respondents 1 to 3 would submit that based on the representation of the petitioner, the third respondent conducted survey and he is ready to take action in accordance with law. 4.In the light of the above submission and also taking note of the prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the third respondent to take appropriate action on the basis of the petitioner's representation dated 03.07.
2021 in accordance with law, after providing ample opportunity to all the necessary parties. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 5.With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar skn To
1. The District Collector, District Collectorate,
2. The Revenue Divisional Officer, Attur & Taluk,
3. The Tahisldar, Attur Taluk,
4. The Block Development Officer, Block Development Office, Attur Taluk, Salem District +1cc to Mr.V.Gunasekar, Advocate, S.R.No.47616 +1cc to the Government Pleader, S.R.No.47843 W.P.N0.19651 of 2021 SJ(CO) CB(05/10/2021)