Madras High CourtWP/25787/2021disposed of

R.Ananth v. The District Collector

2021-12-17Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.25787 OF 2021 R.Ananth .. Petitioner vs

1. The District Collector, Collectorate, Salem District.

2. The Revenue Divisional Officer, Attur Taluk & Post, Salem District.

3. The Additional Director, Village Panchayat, Collectorate, Salem District.

4. The Tahsildar, Taluk Office, Gangavalli Taluk & Post, Salem District.

5. The Block Development Officer, Block Development Office, Gangavalli Taluk & Post, Salem District.

6. M.Palanisamy .. Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5 herein to act upon the petitioner's representation dated 25.8.2021 and remove the encroachment made by the sixth respondent in S.No.374/16, which is situated in Odhiyathur Village, Gangavalli Taluk, Salem District within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.A.Rajakumar For Respondents : Mr.C.Harsha Raj, Additional Government Pleader for R1 to R5 Mr.A.Ramesh for R6

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) We have heard the respective learned counsel for the parties.

2. The writ petition has been filed seeking a direction to respondents 1 to 5 to consider the representation made by the petitioner dated 25.8.2021. It is regarding removal of a statue stated to have been erected on a water body.

3. The learned Additional Government Pleader appearing for respondents 1 to 5 submits that there was a well near the road causing accidents, that as people were falling into it, in the interest of the public, a decision was taken to close it in pursuance of an order thereupon and that no statue has been permitted to be erected in the land in question.

4. The said submission made by the learned Additional Government Pleader is recorded.

5. In view of the said submission, we do not find any necessity to direct respondents 1 to 5 to consider the representation made by the petitioner. It is otherwise a fact that statue cannot be erected in the Government land unless permission is granted.

6. Accordingly, the writ petition is closed. There will be no order as to costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar RS To: