S.Chandran v. The District Collector

IN T HE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P. No.27455 of 2009 and M.P.No.1 of 2009 S.Chandran .. Petitioner -vs1.The District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Vellore District, Vellore.

3.The Tahsildar, Valaja Taluk, Vellore District, Vellore.

4.The Block Development Officer, Valaja Panchayat Union, Vellore District.

5.Baskaran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to take action to remove the building and superstructure put up by the 5th respondent obstructing the public street and common well comprised in S.No.126 situated in Thengal Village as per section 133(1)(d) of the Criminal Procedure Code, 1973 and further direct the 2nd respondent to cancel the patta issued in favour of the 5th respondent in respect of the land comprised in S.No.126 in Thengal Village.

For Petitioner :

Mr.A.Nagarathinam For Respondents :

Mr.S.T.S.Murthy, Govt. Pleader assisted by Mr.V.R.Kamalanathan, Addl.G.P. for RR 1 to 3 :

Mr.J.Raja Kalifulla for R-4 :

M/s.S.Anbu Raja for R-5 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The two-fold grievances which the petitioner makes qua respondent no.5 is that the said respondent is obstructing public street and a common well has been blocked.

2.The records show that the well in question was a dried well. 3.In so far as the issue of encroachment on public street is concerned, let the third respondent / Tahsildar look into this aspect and take a decision within two (2) months of the receipt of this order, after notice to all concerned, by a speaking order. 4.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2009 stands closed. -s/dAssistant Registrar(CSIII) dt:29/09/2015 True Copy Sub-Assistant Registrar sra To 1.The District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Vellore District, Vellore.

3.The Tahsildar, Valaja Taluk, Vellore District, Vellore.

4.The Block Development Officer, Valaja Panchayat Union, Vellore District.

+1 cc to Mr.S.Anburaj Advocate sr.51052/15 W.P.No.27455 of 2009 aa30/09/2015