Savithiri v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Savithiri .. Petitioner Vs 1.The District Collector, Office of District Collector, Salem.

2.The Thasildar, Mettur Taluk, Salem District.

3.V.Maheswari .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to remove the encroachment caused by the third respondent and others over the Odai poramboke land comprised in SF No.177/4 of Veerakalpudhur Village, Mettur Taluk, Salem District by considering the representation of the petitioner dated 27.8.2024.

For the Petitioner : Mr.R.Nalliyappan For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 and 2 to remove the encroachment made by the third respondent in Odai poramboke land comprised in Survey No.177/4 of Veerakalpudhur Village, Mettur Taluk, Salem District by considering the representation of the petitioner dated 27.8.2024.

2. Today, when the writ petition is taken up for admission, learned Government Advocate appearing for respondents 1 and 2 submitted that the competent authority to redress the grievance of the petitioner is the Executive Officer of Veerakalpudhur Town Panchayat and the said authority has not been made as party

respondent in the writ petition.

3. In view of the above, we dispose of the writ petition with a direction to the petitioner to approach the Executive Officer of Veerakalpudhur Town Panchayat and submit a representation ventilating his grievance. If any such representation is given by the petitioner, the same shall be considered by the Executive Officer of Veerakalpudhur Town Panchayat and appropriate orders shall be passed, on merits and in accordance with law, of course after providing an opportunity to the persons likely to be affected by the action, if any, within a period of twelve weeks from the date of receipt of the representation. There shall be no order as to costs. (D.K.K., ACJ.) (M.J.R., J.) 24.09.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, Office of District Collector, Salem.

2.The Thasildar, Mettur Taluk, Salem District.

Copy to The Executive Officer, Veerakalpudhur Town Panchayat.

THE HON'BLE ACTING CHIEF JUSTICE AND M.JOTHIRAMAN,J.

bbr 24.09.2024