Chandra v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Chandra ...

Petitioner versus 1 The District Collector Tiruvannamalai District 2 The Revenue Divisional Officer Thiruvannamalai - 606601.

3 The Tahsildar Tandarampet Thiruvannamalai District 4 The Block development Officer Tamdarampet Union Tandarampet Thiruvannamalai District 5 Murugan 6 Indrani 7 Shanmugam 8 Chinnadurai 9 Krishnaveni

10 Perumal ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondents to remove the encroachments in the public Street at Arundhadhiyar Colony, Keezhvanakkampadi Village, Thandarampet Taluk, Thiruvannamalai District where the Petitioner resides.

For the Petitioner :

Ms.K.Nithyashree For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition for a Writ of Mandamus directing the respondents to remove the encroachments in the public street at Arundhadhiyar Colony, Keezhvanakkampadi Village, Thandarampet Taluk, Thiruvannamalai District.

2. According to the petitioner, she and few other members of scheduled caste community have been allotted vacant house sites at Arundhadhiyar Colony, Keezhvanakkampadi Village, Thandarampet Taluk, Thiruvannamalai District. The grievance of the petitioner is that the entire street in question was meant to be house sites for the people of Arunthathiyar community alone. However, respondents 5 to 10, who are not members of Scheduled Caste Community, have unauthorisedly encroached into the plots as well as on the street. In this regard, the petitioner has sent a representation dated 11.10.2021 to the first respondent/District Collector, Tiruvannamalai District. However, no action has been taken by the first respondent. Hence, this writ petition has been filed.

3. On a perusal of the material records of the case, more specifically the representation, it is seen that no details as to the survey number, nature of the property etc. are mentioned and therefore, no action could be directed to be taken by the respondents, in the absence of some concrete details. The writ petition, therefore, fails and the same is dismissed. However, the petitioner is granted

liberty to make a fresh representation with appropriate details, including survey number and other supporting revenue records in support of her claim.

4. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 10.01.2023 Index : Yes/No : Yes/No tar

To 1 The District Collector Tiruvannamalai District 2 The Revenue Divisional Officer Thiruvannamalai - 606601.

3 The Tahsildar Tandarampet Thiruvannamalai District 4 The Block development Officer Tamdarampet Union Tandarampet Thiruvannamalai District

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.01.2023