R.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023

CORAM

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

Petitioner Vs 1 The District Collector Ariyalur District 2 The Revenue Thasildar Jayamkondam, Ariyalur District.

3 The Block Development Officer Village Panchayat, Panchayat Union Office Ariyalur District.

4 The Superintendent of Police Ariyalur District, Ariyalur.

5 R.Kolanchiyappan ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Manakathi Village Survey No.60/12, Managathi Village, Udayarpalayam Taluk, Ariyalur District, on the basis of the petitioner's representation dated 12.09.2022 and the 3rd respondent letter 10.11.2022. For the Petitioner :

Mr.A.E.Kalaiselvan

For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for the third respondent Mr.J.Ravindran, Additional Advocate-General assisted by Mr.A.Selvendran, Special Government Pleader for respondents 1, 2 and 4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition for a Writ of Mandamus directing respondents 1 to 4 to remove the encroachment made by the 5th respondent in Survey No.60/12, Manakathi Village, Managathi Village, Udayarpalayam Taluk, Ariyalur District, on the basis of the petitioner's representation dated 12.09.2022 and the third respondent's letter 10.11.2022.

2. The learned counsel for the petitioner submits that the land in S.No.60/12 is having a well and the same has also been encroached by the fifth respondent. The petitioner has sent representation to the first respondent for removal of encroachment but there was no response. Hence, he has filed this writ petition.

3. The learned Government Pleader submitted that the representation sent

by the petitioner will be duly considered and orders would be passed after giving notice to all the affected parties. The learned Government Pleader sought for four weeks' time to undertake the above exercise.

4. Accordingly, the first respondent is directed to consider the representation of the petitioner dated 12.09.2022, and pass necessary orders after giving notice to all the affected parties, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 02.01.2023 Index: Yes/No tar To 1 The District Collector, Ariyalur District 2 The Revenue Thasildar Jayamkondam, Ariyalur District.

3 The Block Development Officer Village Panchayat, Panchayat Union Office Ariyalur District.

4 The Superintendent of Police Ariyalur District, Ariyalur.

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

(tar) 02.01.2023