Madras High CourtWP/25356/2016disposed of

Ravammal v. The District Collector,

2016-07-21Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.25356 of 2016 Ravammal W/o Pachamuthu ... Petitioner -Vs1. The District Collector Thiruvallur District The Collectorate Thiruvallur District

2. The Executive Officer & President Nandhimangalam Village Pondavakkam Post Uthukottai Taluk Thiruvallur District

3. K.Ravichandran @ Ravishankar ... Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 06.06.2016.

For Petitioner :

Mr.S.Udhayakumar for M/s Karan & Uday For Respondents :

Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 Mr.N.Srinivasan Additional Government Pleader for R2

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the second respondent to consider the petitioner's representation dated 06.06.2016.

2. Heard the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. It appears that the petitioner is the owner of the property situated in Survey Nos.468/1c, 462/2B at Ponthavakkam Village, Uthukottai Taluk, Thiruvallur District and the third respondent herein is the adjacent owner. Alleging that the third respondent had encroached upon the eastern side property of the petitioner by putting up construction, she is said to have given a complaint before the second respondent and the same has been acted upon. However, challenging the same, the third respondent is said to have approached this Court already and the respondent authority was directed to take a decision in accordance with law. In this backdrop, the petitioner has approached this Court seeking for disposal of her representation on the ground that no action has been taken by the respondent authority against the third respondent.

4. In our view, since the third respondent had already approached this Court and the respondent authority had been directed to take a decision in accordance with law in respect of the dispute raised in this writ petition, it is for the petitioner to approach the respondent authority or else she can also get herself impleaded in the appeal by the third respondent and take all available defences for disposal of the same in accordance with law by the appellate authority. With this observation, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ss To

1. The District Collector Thiruvallur District The Collectorate Thiruvallur District

2. The Executive Officer & President Nandhimangalam Village Pondavakkam Post Uthukottai Taluk Thiruvallur District +1cc to M/s.Karan & Uday, Advocate, S.R.No.41366 +1cc to the Government Pleader, S.R.No.41567 W.P.No.25356 of 2016 PA(CO) CA(04/08/2016) https://hcservices.ecourts.gov.in/hcservices/