O.V.Saravana Babu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR & W.M.P.No.36084 of 2024 in W.P.No.33291 of 2024 O.V.Saravana Babu S/o.R.Vijaya Raghavan .. Petitioner vs
1. The District Collector Vellore District
2. The District Revenue Officer Vellore District
3. The Revenue Divisional Officer Vellore
4. The Tahsildar O/o.The Tahsildar Anaicut
5. The Inspector of Police Pallikonda Police Station Pallikondan Vellore District
6. The Revenue Inspector Pallikonda Vellore District
7. The Village Administrative Officer Vettuvanam Village & Post Vellore District
8. The Executive Officer Pallikonda Town Panchayat Vellore District .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records in connection with the impugned notice of the 8 th respondent dated 14.10.2024 made in Na.Ka.No.150/2024 and quash the same and consequently direct the respondents to consider the petitioner father's representation dated 17.10.2024.
For Petitioner :
Mr.J.Chandran Sundar along with Mr.Sushi Kumar for Mr.P.Eswaran For Respondents :
Mr.T.K.Saravanan
Govt. Advocate for R1 to R4 & R6 Mr.A.Gokulakrishnan Additional Public Prosecutor for R5 Mr.P.Ganesan Govt. Advocate for R7 and R8
O R D E R
(Order of the Court was made by M.SUNDAR, J.) Captioned 'Writ Petition' {'WP' for the sake of brevity} has been filed assailing a notice under Section 128 of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter 'said Act' for the sake of brevity and convenience]. There was an earlier round of writ petition, namely W.P.No.6774 of 2024 wherein V.S.Gajendiran had made a prayer for removal of encroachment by one Murali in 'Survey No.336/1 in Vettuvanam Village, Anaikattu Taluk, Vellore District' (hereinafter 'said property' for the sake of brevity and convenience); that WP was disposed of by another Hon'ble Division Bench on 15.03.2024
holding that the Authorities will decide on a representation dated 20.09.2023.
2. Thereafter, impugned notice under said Act has been issued. On receipt of impugned notice, the writ petitioner's father sent a representation dated 17.10.2024 and a scanned reproduction of the representation is as follows:
3. Writ petitioner requests that the aforementioned representation may please be treated as a representation within the meaning of proviso to Section 128(1)(b) of said Act. This means that an order as per proviso to Section 128(1)(b) of said Act has to be made. In the light of Section 7 (b) of said Act, R8 (Executive Officer, Pallikonda Town Panchayat, Vellore District) should make the order and further proceedings will be subject to such order.
4. Recording the stated position of the State counsel, mandamus limb of captioned WP is disposed of and certiorari limb is dismissed. Consequently, Captioned writ miscellaneous petition is disposed of as closed. There shall be no order as to costs. [M.S.,J] [K.R.S.,J] 18.11.2024 Index: Yes/No gpa
To
1. The District Collector Vellore District
2. The District Revenue Officer Vellore District
3. The Revenue Divisional Officer Vellore
4. The Tahsildar O/o.The Tahsildar Anaicut
5. The Inspector of Police Pallikonda Police Station Pallikondan Vellore District
6. The Revenue Inspector Pallikonda Vellore District
7. The Village Administrative Officer Vettuvanam Village & Post Vellore Disrict
8. The Executive Officer Pallikonda Town Panchayat
Vellore District
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 18.11.2024