Parimala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. PARIMALA W/o. Udyayakuamr, Anjur Village, Anjur Post, Bargur Taluk, Krishnagiridistrict Petitioner(s) Vs

1. The District Collector Krishnagiri District, Krishnagiri 2.THASILDAR Bargur Taluk, Krishnagiri D Istrict 3.Block Development Officer Bargur Block, Krishnagiri District 4.MULLIAEVENTHAN Then Panchayat President, Anjur Village Panchayat, Bargur Block, Krishnagiri District 5.KANNAIYAN S/o. Chinnaiyan, Anjur Village, Anjur

Post, Bargur Taluk, Krishnagiri Distirct Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus Directing the respondents 1 to 3 remove drainage constructed by the 4th respondent in petitioner land comprised in Survey No. 170/8 situated at Anjur village, Anjur post, Bargur Taluk, Krishnagiri District pursuant to my representation dated on 21.04.2025 and pass.

For Petitioner(s):

Mr.P.Dasarathan For Respondent(s):

Mr.M.Shajakhan, Sgp For R1 And R2 Mrs.C.Meera Arumugam, AGP For R3

ORDER

(1)Mr.M.Shajakhan, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2 and Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the 3 rd respondent.

(2)The writ petition is filed for a mandamus directing respondents 1 to 3 to remove the drainage constructed by the 4 th respondent, in petitioner's land

comprised in S.No.170/8 situated at Anjur Village, Anjur Post, Bargur Taluk, Krishnagiri District, pursuant to the representation of the petitioner dated 21.04.2025.

(3)The petitioner purchased the property in S.No.170/8 measuring 54 cents under a registered Sale Deed dated 10.03.2005. The petitioner constructed a house and is residing there. Even patta for the said property was transferred in favour of the petitioner in Patta No.965 by the Tahsildar, Bargur. The petitioner states that respondents 4 and 5, who were politically influential persons, failed in their attempt to coerce the petitioner to sell the said property to them and so they encroached upon a portion of the petitioner's property and illegally constructed a drainage with an intent to evict the petitioner from the property. The petitioner, therefore, submitted a representation to the 1 st respondent on 21.04.2025, against the illegal construction put up by the 4 th respondent. Although the 1 st respondent received the representation, no action was taken and therefore, the petitioner filed the above writ petition for the aforesaid relief.

(4)Learned counsel for the petitioner submitted that he would restrict the prayer in the writ petition for disposal of the petitioner's representation dated 21.04.2025 within a time frame to be fixed by this Court. (5)Under the facts and circumstances of the case and in view of the limited prayer of the learned counsel for the petitioner, without going into the merits of the case, a direction is issued to the 1 st respondent to consider the petitioner's representation dated 21.04.2025, by affording an opportunity of hearing to the petitioner as well as to the private respondents and thereafter, pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner as well as to respondents 4 and 5 herein. (6)The writ petition stands disposed of with the above direction. No costs. 02-07-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Krishnagiri District, Krishnagiri 2.THASILDAR Bargur Taluk, Krishnagiri D Istrict 3.Block Development Officer Bargur Block, Krishnagiri District 4.MULLIAEVENTHAN Then Panchayat President, Anjur Village Panchayat, Bargur Block, Krishnagiri District 5.KANNAIYAN S/o. Chinnaiyan, Anjur Village, Anjur Post, Bargur Taluk, Krishnagiri Distirct

N.MALA J.

AP 02-07-2025