S.Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.34846 of 2024 S.Shanmugam

...Petitioner

Vs.

1. The District Collector, Krishnagiri District, Collectorate, Krishnagiri - 635 115.

2. The Tahsildar, Uthangarai Taluk, Uthangarai - 635 207, Krishnagiri District.

3. The Block Development Officer, Uthangarai Panchayat Union, Uthangarai - 635 207, Krishnagiri District.

4. The Village President, Kallavi Village Panchayat, Kallavi, Uthangarai Taluk, Krishnagiri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the water pipeline and drainage line illegally laid in the petitioner's patta land measuring 0.31.00 hectares and comprised in S.No.45/2A Panamarathupatti (Kallavi), Uthangarai Taluk, Krishnagiri District, considering the petitioner's 1/5

representation dated 19.08.2024 within the time that may be fixed by this Court.

For Petitioner : Mr.P.Mani For R1 & R2 : Mr.S.J.Mohamed Sathik Government Advocate For R3 & R4 : Mrs.S.Anitha Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to remove the water pipeline and drainage line illegally laid in the petitioner's patta land in S.No.45/2A, Panamarathupatti (Kallavi), Uthangarai Taluk, Krishnagiri District, by considering his representation dated 19.08.2024.

2. It is the case of the petitioner that he owns 35 ares of land in the above mentioned survey number and also patta was issued in his name in patta No.301. It is further stated by the petitioner that the official respondents laid water line and drainage line in his property without his permission. Therefore, the petitioner submitted a representation on 19.08.2024 seeking removal of water line and drainage line and the same has not been considered till date. Therefore, the petitioner is before this Court.

3. Mr.S.J.Mohamed Sathik, learned Government Advocate, takes notice 2/5

for the respondents 1 & 2 and Mrs.S.Anitha, learned Special Government Pleader, takes notice for the respondents 3 & 4.

4. The learned Special Government Pleader appearing for the respondents 3 and 4 would submit that the representation of the petitioner will be considered and appropriate orders will be passed by the competent authority namely third respondent, within a time stipulated by this Court.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 19.08.2024 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

27.11.2024 Index : Yes/No 3/5

Internet : Yes/No Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To

1. The District Collector, Krishnagiri District, Collectorate, Krishnagiri - 635 115.

2. The Tahsildar, Uthangarai Taluk, Uthangarai - 635 207, Krishnagiri District.

3. The Block Development Officer, Uthangarai Panchayat Union, Uthangarai - 635 207, Krishnagiri District.

4. The Village President, Kallavi Village Panchayat, Kallavi, Uthangarai Taluk, Krishnagiri District.

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