G.Venugopal v. The District Collector
2024:MHC:2622
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH G.Venugopal .. Petitioner vs 1.The District Collector, Thiruvallur, Tamil Nadu - 602001.
2.The Commissioner Tiruvallur Municipality Office Address, 56, J N Road, Tiruvallur.
3.The Revenue Divisional Officer, Thiruvallur, Tamil Nadu - 602003.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 3rd respondent to conduct proper enquiry on my representation dated 06/11/2023 within a time frame and restraining 2nd respondent not to lay any road and to take any adverse actions until the disposal of the enquiry by the 3rd respondent to save the land from the encroachment. For Petitioner :
Ms.J.Lavanya For Respondents :
Mr.U.Baranidharan Additional Government Pleader
ORDER
The petitioner seeks a mandamus directing R3 / Revenue Divisional Officer, Thiruvallur, to conduct proper enquiry into the representation dated 06.11.2023 and in the mean time restrain R2 from laying road in certain lands, to which the petitioner claims title. 1/4
2. Various factual assertions, including in relation to the ownership of the land cannot be verified in writ petition and it is hence appropriate that the authorities look into the same.
3. Mr.Baranidharan, learned Additional Government Pleader, accepts notice for the respondents, and would confirm that the representation has been forwarded by the District Collector to R3, who has, in turn, forwarded it to the attention of the Thasildar for enquiry. The matter stands at this stage now.
4. In light of the fact that the respondents are already in the process of considering and disposing the petitioner's representation, it would suffice to merely fix a time frame for completion of the same. Such period is fixed at eight weeks from today, within which time the petitioner as well as any others that are necessary for proper adjudication shall be heard and orders passed in accordance with law and all applicable and extant regulations.
5. Since the contesting parties are R1 and R3, for whom learned Additional Government Pleader has accepted notice, no notice is thought necessary for R2. It is made clear that necessary inputs, if any from R2, may also be obtained.
6. Writ petition stands disposed in terms of this order. No costs. 05.07.2024 Index:Yes/No ssm 2/4
To 1.The District Collector, Thiruvallur, Tamil Nadu - 602001.
2.The Commissioner Tiruvallur Municipality Office Address, 56, J N Road, Tiruvallur.
3.The Revenue Divisional Officer, Thiruvallur, Tamil Nadu - 602003.
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DR. ANITA SUMANTH,J.
ssm 05.07.2024 4/4