S.Sivasankar v. The State Rep By Its Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI S.Sivasankar .. Petitioner Vs 1.The State, rep. by its Secretary, Revenue Department, Secretariat, Chennai.
2.The District Collector, Collectorate Office, Dharmapuri District.
3.The District Revenue Officer, Collectoraste Office, Dharmapuri District.
4.The Revenue Divisional officer, RDO Office, Pappiredypatti Taluk, Dharmapuri District.
5.The Special Tahsildar, Tahsildar Office, Pappiredypatti Taluk, Dharmapuri District.
6.Raman 7.Chinnapappa 8.Palani
9.Perumal 10.Sundaram 11.Murugan 12.Govindarajan 13.Amaravathi 14.Sumathi 15.Madhu 16.Savithiri 17.Tamilmani 18.Mathiyalzhagan 19.Mageshwaran 20.Raman 21.Amarnath 22.Elayarani 23.Indirani 24.Kalpana 25.Tamilthendral 26.Madeshwaran 27.Kulandaiammal 28.Sivalakshmi 29.Mari 30.Krishnan .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the fifth respondent to consider and take necessary action based on petitioner's representation dated 30.11.2020 thereby requesting to conduct the survey in Old No.210, New Survey No.210/1, situate at Puddireddypatti Village, Pappireddypatty Taluk, Dharmapuri District measuring a total extent of 4.50 acres in which 3 cents of land has been allotted to each of the 95 beneficiaries belonging to the Scheduled Caste Community and consequently to direct the fifth respondent to remove all the encroachments and to restore the remaining land for public usage.
For the Petitioner : Mr.R.Rameshkumar For Respondents : Mr.T.K.Saravanan
Government Advocate for respondents 1 to 5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that respondents 6 to 30 have encroached on the land comprised in Old No.210, New Survey No.210/1, situate at Puddireddypatti Village, Pappireddypatty Taluk, Dharmapuri District, the petitioner sent representations dated 26.2.2016, 24.4.2027, 30.11.2020 and 6.5.2022 seeking removal of the said encroachment. As the said representations did not evoke any response, the present writ petition is filed.
2. Considering the narrow scope of the prayer made in this writ petition, without expressing any opinion on the merits of the matter, we dispose of the writ petition with a direction to respondents 4 and 5 to consider the representation of the petitioner dated 30.11.2020, on merits and in accordance with law, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, of course, after affording opportunity
to all the interested persons, including respondents 6 to 30. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.) 03.09.2024 Index :
Yes/No NC :
Yes/No sasi To:
1.The Secretary, Revenue Department, Secretariat, Chennai.
2.The District Collector, Collectorate Office, Dharmapuri District.
3.The District Revenue Officer, Collectoraste Office, Dharmapuri District.
4.The Revenue Divisional officer, RDO Office, Pappiredypatti Taluk, Dharmapuri District.
5.The Special Tahsildar, Tahsildar Office, Pappiredypatti Taluk, Dharmapuri District.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 03.09.2024