Lakshmanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P.NO. 26117 OF 2021 Lakshmanan .. Petitioner

Versus

1. The District Collector Krishnagiri Krishnagiri District.

2. The Thasildar Denkanikottai Taluk Krishnagiri District

3. Harshavarthan

4. Lalitha .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the illegal encroachment made by the respondents 3 and 4 in the Government poramboke land in Survey No. 1012/19 Bajjepalli Village, Denkanikottai Taluk, Krishnagiri District based on the petitioner's representation dated 29.01.2021 within a stipulated time as fixed by this Hon'ble Court.

For Petitioner :Mr. K. Thiruvengadam For Respondents :Mr. R. Siddharth Government Advocate for R1 & R2

ORDER

(Order of the Court was made by R. MAHADEVAN. J,) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachments made by the respondents 3 and

4 in the Government poramboke land in Survey No. 1012/19 Bajjepalli Village, Denkanikottai Taluk, Krishnagiri District based on his representation dated 29.01.2021. 2.

According to the petitioner, he is a resident of Marudhanapalli Village where he is residing along with his family and engaged in agricultural activities. It is stated that the gramanatham land comprised in Survey No. 1019/12 in the said village was utilised as a pathway for more than ten years for the ingress and egress of the petitioner and other Villagers. While so, the respondents 3 and 4 have blocked the pathway by dumping stones blocking the access to the pathway. The petitioner further states that the respondents 3 and 4 are also putting up unauthorised construction in a manner which tends to obstruct the ingress and egress to his house and that of the other Villagers. Therefore, the petitioner submitted a representation dated 29.01.2021 to the respondents 1 and 2, but so far, no action has been taken thereof, hence, the present writ petition.

3.

The learned counsel for the petitioner submitted that the petitioner has submitted the representation dated 29.01.2021 specifically pointing out the unlawful manner in which the third and fourth respondents are proceeding with the construction obstructing the right of ingress and egress to reach the house of the petitioner. The representation dated 29.01.2021 has not been acted upon till date and therefore he prayed this Court to issue appropriate direction to the respondents 1 and 2 to take action on the representation dated 29.01.2021 within a time limit that may be specified by this Court.

4.

The learned Government Advocate appearing for the respondents 1 and 2 submitted that an enquiry will be conducted on the basis of the representation dated 29.01.2021 of the petitioner and thereafter a decision will be taken by the second respondent on merits.

5.

Considering the facts and circumstances and having regard to the submissions of learned counsel on either side, this court, without going into merits of this case, directs the second respondent to conduct an enquiry, afford an opportunity of hearing to the petitioner, the third and fourth respondents as well as other interested parties, consider the documentary evidence that may be submitted by them, and thereafter pass appropriate 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.

6.

Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr/rsh To 1.

The District Collector Krishnagiri Krishnagiri District.

2.

The Thasildar Denkanikottai Taluk Krishnagiri District +1cc to Mr. K. Thiruvengadam, Advocate, S.R.No.64730 +1cc to the Government Pleader, S.R.No.65330 W.P. No. 26117 of 2021 NR(CO) PM/24/01/2022