A.Selvam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE M.SUNDAR W.P.No.44172 of 2016 A.Selvam ... Petitioner Vs.

1.The Revenue Divisional Officer, Office at the RDO, Salem.

2.The Assistant Director, Land Survey, Salem-1.

3.The Commissioner, Salem Corporation, Salem.

4.C.Ramasamy 5.G.Perumal 6.A.Kuppaye 7.M.Thangam 8.N.Lakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to remove the encroachments in S.No.135/2, 135/44 in Ward No.5, in Block No.23, T.S.No.168 an area measuring 0.0950 Sq. Mts in Periyapudur, Salem District.

For Petitioner : Mr.B.Viswanathan For Respondents : Mr.R.Vijayakumar Addl. G.P. for R1 & R2 Mr.S.Diwakar for R3

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward with a grievance that despite the existence of the encroachments qua respondent Nos.4 to 8, no follow up action is forthcoming at the instance of respondent Nos.1 to 3.

2. The perusal of the records would show that the Executive Engineer of Respondent No.3, in and by letter dated 28.3.2014, has informed the petitioner that respondent No.1 has been addressed to take necessary action to remove the encroachments. Respondent No.3 has also issued notice to the private respondent Nos.4 to 8 dated 30.1.2015 to remove the encroachments made. Thereafter, the petitioner has once again approached respondent No.1 by way of a representation dated 31.5.2016 seeking to remove the encroachments. Since no action is forthcoming, the present writ petition has been filed.

3. When the matter is taken up for hearing, the learned Additional Government Pleader submits that needful would be done by taking appropriate action on the representation of the petitioner dated 31.5.2016, after following the due procedure.

4. Accordingly, a direction is issued to respondent No.1 to pass appropriate orders on the representation of the petitioner dated 31.5.2016, after affording opportunity to the petitioner as well as the private respondent Nos.4 to 8 within a period of eight weeks from the date of receipt of the copy of this order.

5. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

bbr To 1.The Revenue Divisional Officer, Office at the RDO, Salem.

2.The Assistant Director, Land Survey, Salem-1.

3.The Commissioner, Salem Corporation, Salem.

+1cc to the Government Pleader Sr.76327 +1cc to Mr.S.Diwakar, Advocate Sr.76111 +1cc to Mr.S.B.Viswanathan, Advocate Sr.76063 W.P.No.44172 of 2016 msm[co] srg 11/01/2016