Tr.C.Arumugam, S/O.Chinasamy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.35819 of 2016 Tr.C.Arumugam .. Petitioner Vs.

1. The District Collector Villupuram District, Villupuram.

2. The President Athur Panchayat, Athur, Tindivanam Taluk Villupuram District.

3. The Divisional Engineer Highways Department State Highways Department, Tindivanam.

4. H.Mohammed Jahir .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents to consider and pass orders on the written representation dated 10.2.2016 for removal of encroachment made by the fourth respondent in Mulachur Marakkanam Road on the road margin abutting the agricultural land comprised in S.No.167/2A2 situate at Attur Village, Tindivanam Taluk. For Petitioner : Mr.J.R.K.Bhavanantham For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 and 3 Mr.R.Vijayakumar Addl. Government Pleader for 2nd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner made a representation as far back as 10.2.2016 for removal of alleged encroachment by the fourth respondent in Mulachur Marakkanam Road, but the grievance of the petitioner is that this representation has remained unattended.

2. We direct the first respondent to take a decision on the representation of the petitioner, after notice to all concerned, within a maximum period of three months from the date of receipt of the order.

3. We cannot, however, leave the issue at this, as while dealing with such matters relating to land encroachment and unauthorized construction, we are inundated with petitions only on account of failure of the authorities concerned to respond to the representation and take a decision one way or the other. A Division Bench of this Court cannot be made into a Post Office for deciding representations. Unless appropriate measures are taken by the State Government, we put the learned Government Pleader to notice that we will have no option but to call upon the Secretaries concerned of the different departments to attend the Court in the morning for an hour so that the non dealing with the representations is attended to, rather than wasting the time of the Court.

4. This is more so as the inaction is in violation of G.O. (Ms.) No.99, Personnel and Administrative Reforms (A) Department, dated 21.9.2015, which stipulates that grievance petitions should be acknowledged within three days of receipt and the grievance itself should be redressed within a maximum period of one month of its receipt and it should be with a speaking order in the event of redressal or rejection, if found necessary.

The petition stands disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

sasi To:

1. The District Collector Villupuram District Villupuram.

2. The Divisional Engineer Highways Department State Highways Department Tindivanam.

3. The Government Pleader, High Court, Madras.

requesting to place the matter before the Chief Secretary for necessary orders) 4.The Cheif Secretary to Government of Tamilnadu, Secretariate, Fort St.George, Chennai 9.

1 cc to M/s.J.R.K.Bhavanantham, Advocate, sr.57966 W.P.No.35819 of 2016 kra 13.10.2016