Venkatesan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Venkatesan ..

Petitioner Vs.

1. The District Collector Villupuram District Villupuram.

2. The Sub Collector Tindivanam Villupuram District.

3. The Tahsildar Tindivanam Taluk Villupuram District.

4. The Executive Engineer Public Works Department Tindivanam Villupuram District.

5. The Block Development Officer Mailam Panchayat Union Mailam, Villupuram District.

6. Ramesh

7. Manivannan

8. Vijayakumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 5 to consider and dispose petitioner representation dated 12.07.2023 and consequently directing the respondents 1 to 5 to take stringent action against the respondents 6 to 8 and remove the encroachment made Survey No.134/4, Kollar Village, Tindivanam Taluk, Villupuram District within a stipulated time as prescribed by this Hon'ble Court. For the Petitioner : Mr.R.Balaguru Swamy For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Balaguru Swamy, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader,

assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 5.

2. The directions are sought to decide the representation of the petitioner regarding encroachment on waterbody. The representation is given on 12.07.2023 and the writ petition is filed on 25.07.2023, hardly within a period of 12 days.

3. Time and again, we have said that a writ petition seeking direction to decide the representation cannot be entertained as a matter of course. If the representation is not considered by the authorities within a reasonable time, then the petitioner can approach the Court.

4. In the light of that, we are not inclined to pass further orders. The petitioner may prosecute his representation with the authority. In case the authority does not take cognizance of the representation for a longer period, then the petitioner can move the Court.

5. The writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.22424 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 04.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Villupuram District Villupuram.

2. The Sub Collector Tindivanam, Villupuram District.

3. The Tahsildar Tindivanam Taluk Villupuram District.

4. The Executive Engineer Public Works Department Tindivanam, Villupuram District.

5. The Block Development Officer Mailam Panchayat Union Mailam, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 04.08.2023