G.Gnanabanu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.20344 of 2021 G.Gnanabanu

...Petitioner

Vs.

1.The District Collector Cuddalore, Cuddalore District.

2.The Block Development Officer Panruti, Cuddalore District.

3.The Deputy Block Development Officer Zone-I, Panchayat Union Office Panruti, Cuddalore District.

4.Krishnan 5.Subramani

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachment in the playground / property situated in S.No.429/10, Chettykulam Street, Veeraperumanullur, Panruti Taluk, Cuddalore District. For the Petitioner :

Mr.R.Rajaramani For the Respondents 1-3 :

Mr.C. Harsha Raj Counsel for the State

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains that the private respondent Nos.4 and 5 have encroached into a government land which has, for long, been used as a playground by the youth in the locality. The land is at S.No.429/10, Chettykulam Street, Veeraperumanullur of Panruti Taluk in Cuddalore District.

2. Mr.C.Harsha Raj, learned counsel for State, takes notice on behalf of the respondent Nos. 1 to 3 and submits that the Block Development Officer of Panruti would be the appropriate official to look into the matter.

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

4. Accordingly, W.P.No.20344 of 2021 is disposed of by permitting the petitioner to carry a fresh, detailed representation to the second respondent Block Development Officer within four weeks from date, whereupon the Block Development Officer will cause an inquiry to be made, after the model code ceases to be in operation, upon due notice to the private respondents or any person who is likely to be affected thereby. In the event the Block Development Officer finds any encroachment on government land, immediate appropriate action should be taken in accordance with law upon notice to the encroachers.

4. The Block Development Officer should communicate his reasoned decision on the matter to the petitioner within eight weeks of October 16, 2021.

W.P.No.20344 of 2021 is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar sra/kst

To 1.The District Collector, Cuddalore, Cuddalore District.

2.The Block Development Officer, Panruti, Cuddalore District.

3.The Deputy Block Development Officer Zone-I, Panchayat Union Office Panruti, Cuddalore District.

+1cc to M/s.R.Rajaramani, Advocate SR.No.48953 +1cc to the Government Pleader SR.No.49099 W.P.No.20344 of 2021 AJS(CO) RVM(01/10/2021)