M.Gnanasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR M.Gnanasekar ... Petitioner Vs.

1.The District Collector District collectorate, Thiruvallur Thiruvallur District 600 124.

2.The District Revenue Officer Thiruvallur, Thiruvallur District 600 124.

3.The Revenue Divisional Officer thiruvallur, Thiruvallur District 600 124.

4.The Tahsildar Taluk Office Mettuthangal, Thirumazhisai Poonamalle Taluk Thiruvallur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus directing the respondents 1 to 4 to consider

the representations dated 11.04.2022 and 14.08.2023 filed by the petitioner under Government Order in G.O.[Ms].No.540, Revenue [LD6[2]] Department dated 04.12.2014 to remove encroachments made in Government Poramboke lands in TS.No.17/2 and Survey No.17/4 Grama Natham Porambokku land situate at Mettuthangal, Thirumazhisai, Semparambakkam village, Piraiyanpathu in accordance with law. For Petitioner : Mr.I.Arockia Selvaraj For Respondents : Mr.M.Habeeb Rahman, GA

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct the respondents 1 to 4 to consider the representations dated 11.04.2022 and 14.08.2023 filed by the petitioner under Government Order in G.O.[Ms].No.540, Revenue [LD6[2]] Department dated 04.12.2014 to remove encroachments made in Government Poramboke lands in TS.No.17/2 and Survey No.17/4 Grama Natham Porambokku land situate at Mettuthangal, Thirumazhisai, Semparambakkam village, Piraiyanpathu in accordance with law. (2)Mr.M.Habeeb Rahman, learned Government Advocate accepts notice on

behalf of the respondents.

(3)This writ is primarily filed to consider the representation of the petitioner wherein the petitioner has stated that the property which is classified as Gramanatham Poramboke has been under encroachment by several individuals. Conveniently, the petitioner has not impleaded any of the encroachers.

(4)Writ petition of this nature cannot be entertained in the absence of persons who are in possession and who are entitled to be heard. (5)Hence, this writ petition stands dismissed. However, liberty is given to the petitioner to file a fresh writ petition impleading alleged encroachers. No costs.

[S.S.S.R., J.] [K.R.S., J.] 06.09.2024 AP Internet : Yes

To 1.The District Collector District collectorate, Thiruvallur Thiruvallur District 600 124.

2.The District Revenue Officer Thiruvallur, Thiruvallur District 600 124.

3.The Revenue Divisional Officer thiruvallur, Thiruvallur District 600 124.

4.The Tahsildar Taluk Office Mettuthangal, Thirumazhisai Poonamalle Taluk Thiruvallur District.

S.S. SUNDAR, J., and K.RAJASEKAR, J., AP 06.09.2024