Madras High CourtWP/30029/2022disposed of

J.Srinivasan v. The Collector

2022-11-14Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR J.Srinivasan .. Petitioner Vs 1 The Collector Collector Office Building Tiruvallur District - 602 001.

2 The Revenue Division Officer RDO Office, Ponneri Division, Ponneri Tiruvallur - 601 204.

3 The Tahsildhar Gommidipoondi Taluk Gommidipoondi Tiruvallur - 601 201.

4 Jayanthi 5 Gajapathy 6 A.Yugapathi 7 P.Lakshmi Ammal 8 T.Vijaya 9 R.Krishnamoorthy .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing to the 1st respondent to conduct the enquiry on the complaint dated 30.09.2022 and pass appropriate orders on this complaint.

For the Petitioner : Mr.P.M.Bakthavatsalam For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) J.Srinivasan, son of Jayaraman, a resident of Kanlur Village, Aarani Post, Gummidipoondi Taluk, Tiruvallur District, has given a representation on 30.9.2022 requesting respondents 1 to 3 to remove the encroachments made in Survey Nos.132/2 and 101/2 by respondents 4 to 9. As the said representation did not evoke any response, the present writ petition has been filed seeking issuance of a writ of mandamus to direct the first respondent to conduct an enquiry on the complaint dated 30.09.2022 and pass appropriate orders.

2. Mr.P.Muthukumar, learned State Government Pleader, placing before us a copy of the revenue records, supported the stand taken by the petitioner and submitted that there is a cart-track running through

Survey Nos.132/2 and 101/2 and if there is any encroachment made by respondents 4 to 9, the same shall be removed after issuing a notice to respondents 4 to 9 and conducting a survey of the said land.

3. Considering the submissions made on either side, we hereby direct the third respondent to issue a notice to the petitioner and respondents 4 to 9 within a period of two weeks from the date of receipt of a copy of this order and thereafter conduct a survey of the land in question with the assistance of a Surveyor. The encroachments, if any found during the course of the survey, shall be removed within two weeks from the date of survey. The writ petition is disposed of accordingly. There will be no order as to costs.

(T.R., ACJ.) (D.K.K., J.) 14.11.2022 Index : No sasi

To:

1 The Collector Collector Office Building Tiruvallur District - 602 001.

2 The Revenue Division Officer RDO Office, Ponneri Division, Ponneri Tiruvallur - 601 204.

3 The Tahsildhar Gommidipoondi Taluk Gommidipoondi Tiruvallur - 601 201.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

(sasi) 14.11.2022