Madras High CourtWP/32926/2022disposed of

O.Haribabu v. The District Collector

2022-12-13Honourable The Acting Chief Justice,Honourable Mr. Justice Paresh Upadhyay6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE PARESH UPADHYAY Writ Petition No.32926 of 2022 O.Haribabu ..

Petitioner Vs.

1. The District Collector Tiruvallur District Tiruvallur.

2. The Revenue Divisional Officer Revenue Division Ponneri.

3. The Tahsildar Gummidipoondi Taluk Gummidipoondi.

4. The Block Development Officer Gummidipoondi Taluk Gummidipoondi.

5. The President Periya Puliyur Panchayat Poovalambedu Post Gummidipoondi Taluk Tiruvallur District.

6. P.Govindasami

7. B.Prabakar

8. P.V.Janakiraman

9. S.Shanmugam ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first, third and fourth respondents to consider and dispose of petitioner's representation dated 27.10.2022 pending on the file of respondents 1 to 4. For the Petitioner : Mr.P.R.Krishnaraj For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3 & 5 Mr.Suriya Government Advocate for Respondent-4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking a direction to the respondents 1 to 4 to dispose of his representation dated 27.10.2022.

2. The grievance of the petitioner is that Gummidipoondi Union Elementary School sitauted in Government Thoppu Poramboke land in SR No.29/10, Periya Puliyur Agraharam Village, was in dilapidated condition and therefore, the first respondent passed a G.O. to demolish the said building and to construct a new building to have classes up to eighth standard. The Grama Sabha of the Village also passed a resolution in Ref.No.14 on 02.10.2022 to demolish the building and to construct a new building. In the meanwhile, respondents 6 to 9 have encroached the said lands and and put up construction of permanent nature, as the old building was demolished.

3. In view of the construction put up by the respondents 6 to 9, the officials, who visited the building with an Engineer, have informed that the construction of new school building in the land in question is ruled out. Hence, the petitioner made a representation on 27.10.2022 to the respondents 1 to 4 to remove the encroachments. As it did not evoke any response, the petitioner has come up before this Court.

4. Learned State Government Pleader, accepting notice for the respondents 1 to 3 and 5, requested to grant four weeks' time to consider the representation of the petitioner and to take action in accordance with law.

5. In view of the above, the writ petition is disposed of, directing the fourth respondent to consider the representation of the petitioner dated 27.10.2022 and to take action on the same, by removing the encroachment, if any, after issuing notice to the persons concerned, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs. WMP No.32318 of 2022 is closed. (T.R., ACJ.) (P.U., J.) 13.12.2022 kpl