Madras High CourtWP/37459/2016disposed of

Smt.Veeramal v. The Chief Secretary

2017-02-15Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.37459 of 2016 Veerammal .. Petitioner Vs 1.The Chief Secretary, Union Territory of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry- 605 001.

2.The District Collector, Anti Land Grabbing Cell, New Collectorate Building, Vazhuthavur Raod, Kathirkamam, Puducherry.

3.The Tahsildar, Uzhavarkarai Taluk office, Puducherry.

4.The Inspector General of Police, Union Territory of Puducherry, Puducherry.

5.The Station House Officer, Reddiyar Palayam Police Station, Puducherry.

6.Sundar 7.Punniamoorthy .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents 1 to 5 herein to take action against the 6th and 7th respondents pursuant to the representation of the petitioner dated 25.08.2015 and 03.03.2016.

For Petitioner : Mr.V.Vasanthakumar For R1 to R5 : Mr.M.R.Thangavel, APP (Pondy) For R6 & R7 : Mr.R.Sreedhar

ORDER

The prayer made in the writ petition is to issue a writ of Mandamus directing the respondents 1 to 5 herein to take action against the 6th and 7th respondents pursuant to the representations of the petitioner dated 25.08.2015 and 03.03.2016.

2. The case of the petitioner is that the Government of Puducherry has granted a land in Revenue Village No.36, Reddiyarpalayam, Uzhavarkarai Municipality comprised in S.Nos.147/31 and 162/20 measuring to an extent of 0.00.67 Hectare and 0.00.01 Hectare respectively, to the petitioner vide possession order dated 03.06.2015 and has also granted LGR patta in respect of the said land. While so, the respondents 6 and 7, with an intention to grab the land granted to the petitioner, have been continuously disturbing the petitioner's peaceful possession and threatening her to vacate the land in question. Hence, the petitioner made representations dated 25.08.2015 and 03.03.2016 to the official respondents requesting to take action against the respondents 6 and 7. Finding no response on the said representations, she has come up with the present writ petition for the above stated relief.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Pondicherry) appearing for the respondents 1 to 5.

4. Considering the facts and circumstances of the case, this Court directs the petitioner to submit a fresh representation to the respondents along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as to respondents 6 and 7, within a period of two weeks thereafter.

5. The writ petition is disposed of accordingly. No costs. sd/ Assistant Registrar(CO) /true copy/ Sub Assistant Registrar rk

To 1.The Chief Secretary, Union Territory of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry- 605 001.

2.The District Collector, Anti Land Grabbing Cell, New Collectorate Building, Vazhuthavur Raod, Kathirkamam, Puducherry.

3.The Tahsildar, Uzhavarkarai Taluk office, Puducherry.

4.The Inspector General of Police, Union Territory of Puducherry, Puducherry.

5.The Station House Officer, Reddiyar Palayam Police Station, Puducherry.

6.The Public Prosecutor, High Court, Madras - 104. +1cc to the Government Pleader, SR.No.10261 +1cc to Mr.V.Vasanthakumar, Advocate SR.No.9990. WP.No.37459 of 2016 UG(CO) GN(17/02/2017)