A.Kuppusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24247 of 2024 A.Kuppusamy
...Petitioner
Vs.
1. The District Collector, Villupuram, Villupuram District - 605 602.
2. The Revenue Divisional Officer cum Sub-Collector, Tindivanam, Villupuram District - 604 001.
3. The Divisional Engineer, Construction and Maintenance Wing, State Highways Department, Villupuram - 605 602.
4. The Assistant Divisional Engineer, Construction and Maintenance Wing, State Highways Department, Tindivanam, Villupuram District - 604 001.
5. The Tahsildar, Tindivanam Taluk, Villupuram District - 604 001.
6. A.Sankar
...Respondents
1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 5th respondents to cancel the fake patta No. 758, in comprising New Survey No. 318/5 (Old Survey No. 201/43 Part), measuring 00048 Square meter, it was confirmed by this Court in W.P.No. 29506 of 2017, order dated 24.01.2018, and to restore as in comprising Old Survey No. 201/81 and its Re-survey No. 318/2, measuring 0.27.5 Ares, National Highways, situated at, Olakkur Melpathi Village & post, Tindivanam Taluk, Villupuram District, based on the petitioner's representations, dated 02.07.2018, 07.05.2022, 24.05.2022 and 29.07.2024 within a stipulated time may be fixed by this Court. For Petitioner : Mr.J.Agni Selvaraju For Respondents 1 to 5 : Mr.A.Selvendran Special Government Pleader
O R D E R
The petitioner herein seeks a direction to respondents 1 to 5 to cancel the fake patta in Patta No.758 issued in favour of 6th respondent in respect of highways land in New Survey No. 318/5 at Olakkur Melpathi Village, Tindivanam Taluk, Villupuram District by considering his representation dated 29.07.2024.
2. According to the petitioner, he is residing in a house situated in 2/5
Survey No.320/13. The 6th respondent encroached highways land in Survey No.318/5 and causing inconvenience to the petitioner and others. Therefore, he submitted various representations to respondents to take action against the 6th respondent. The last representation was submitted on 29.07.2024 and the same has not been considered till date. Therefore, the petitioner is before this Court. 3.The learned Special Government Pleader, who is taking notice for the respondents 1 to 5, submitted that the representation of the petitioner would be considered on its' own merits within a time fixed by this Court.
4. In view of the same, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 29.07.2024 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to 6th respondent.
5. With the above directions, this writ petition is disposed of. No costs. 3/5
28.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The District Collector, Villupuram, Villupuram District - 605 602.
2. The Revenue Divisional Officer cum Sub-Collector, Tindivanam, Villupuram District - 604 001.
3. The Divisional Engineer, Construction and Maintenance Wing, State Highways Department, Villupuram - 605 602.
4. The Assistant Divisional Engineer, Construction and Maintenance Wing, State Highways Department, Tindivanam, Villupuram District - 604 001.
5. The Tahsildar, Tindivanam Taluk, Villupuram District - 604 001.
4/5
S.SOUNTHAR , J.
nr W.P No.24247 of 2024 28.08.2024 5/5