G.Amudha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR G.Amutha .. Petitioner in in W.P.No.30875/2022 Prema .. Petitioner in in W.P.No.30877/2022 V.Latha .. Petitioner in in W.P.No.30880/2022 R.Rajeswari .. Petitioner in in W.P.No.30882/2022 vs 1.The District Collector, 2.The Tahsildar,

3.The Assistant Director - Panchayats, O/o The District Collector, 4.The Block Development Officer, Kalasapakkam, 5.The President, Kadaldi Panchayat, .. Respondents in all WPs Prayer: Petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representations of the petitioners dated 25.08.2022. For the Petitioners : Mr.R.Thanigai Arasu For the Respondents : Mr.A.Selvendran Spl. Government Pleader for respondent Nos.1 to 3 : Mr.P.Muthukumar State Government Pleader for respondent Nos.4 and 5

COMMON ORDER (Order of the court was made by the Hon'ble Acting Chief Justice) These writ petitions have been filed by the petitioners to direct the respondents to consider their representations dated 25.08.2022 within a stipulated time.

2. Learned State Government Pleader and learned Special Government Pleader appearing for the respondents jointly submitted that the issue raised in the present writ petition has already been considered by a Division Bench of this Court in W.P.No.10616 of 2022, decided on 14.09.2022 (R.Jagannathan v. The State of Tamil Nadu, rep. by its Secretary to Government, Department of Revenue and Disaster Management, Fort St. George, Chennai and others) and that action for removal of encroachments in Pazhaya Eri has been taken pursuant to the said order.

3. On a perusal of the notices issued to the petitioners under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, we find that the land in question, namely Survey No.725 (Pazhaya Eri), is the

subject-matter in W.P.No.10616 of 2022, wherein a Division Bench of this Court directed the respondent authorities to remove the encroachments within a period of three months. Accordingly, the respondent authorities have issued notices to the encroachers. Therefore, no purpose would be served if a direction is issued to the respondent authorities to consider the representations of the petitioners. Further, the petitioners have not made out a case for issuing any direction on the respondents.

4. Since the exercise for removal of encroachments made in Pazhaya Eri is undertaken by the respondent authorities pursuant to the order of this Court in W.P.No.10616 of 2022 and finding no merit in the writ petitions, the same are dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.K.K., J.) 21.11.2022 Index : Yes/No bbr

To:

1.The District Collector, 2.The Tahsildar, 3.The Assistant Director - Panchayats, O/o The District Collector, 4.The Block Development Officer, Kalasapakkam,

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

bbr 21.11.2022