C.Anandan v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.18257 of 2020 C.Anandan ...

Petitioner Vs.

1. The State by The District Collector Thiruvallur District Thiruvallur.

2. The Revenue Divisional Officer Tiruttani Thiruvallur District.

3. The Tahsildar R.K.Pet Taluk Thiruvallur District.

4. G.Balaraman

5. A.Jayavel ...

Respondents Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the third respondent to consider the petitioner's representation dated 05.10.2020 and remove the encroachment in Village (Srikaligapuram) Survey No.98/5 total extent of 1 Acre at Sunthararajapuram Village, Chandravilasapuram Panchayat, R.K.Pet Taluk, Thiruvallur District.

For Petitioner : Mr.C.Chokkalingam For Respondents 1-3 : Ms.R.J.Radhika Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) The petitioner complains that his representation dated October 5, 2020 regarding encroachment of Anadheenam land in survey No.98/5, Sunthararajapuram Village, Chandravilasapuram Panchayat, R.K.Pet Taluk, Thiruvarur District, has not been considered by the first respondent.

2. Without going into the tenability of the complaint made by the petitioner, W.P.No.18257 of 2020 is disposed of by directing the third respondent to consider the representation of the petitioner dated October 5, 2020 and pass a speaking order in accordance with law, after affording a reasonable opportunity to the persons likely to be affected, including the respondents 4 and 5.

3. It is submitted by the official respondents that the private respondents have been granted patta.

4. While considering the representation in terms of this order, the third respondent may look into such aspect of the matter and satisfy himself before passing a speaking order.

5. In the event the writ petitioner is aggrieved thereby, the writ petitioner may pursue his remedies in accordance with law, otherwise than by way of a public interest litigation and upon establishing his locus standi. There will be no order as to costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kpl To

1. The District Collector Thiruvallur District Thiruvallur.

2. The Revenue Divisional Officer Tiruttani Thiruvallur District.

3. The Tahsildar R.K.Pet Taluk Thiruvallur District.

+1cc to Mr.C.Chokkalingam, Advocate SR.9262 +1cc to the Government Pleader SR.8992 W.P.No.18257 of 2020 BS(CO) CB(25/02/2021)