Madras High CourtWP/33995/2023disposed of

J.Kamaal v. The District Collector

2023-12-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY J.Kamaal ..

Petitioner Vs.

1. The District Collector O/o. The District Collector, Tiruvallur.

2. The Tahsildar O/o. The Tahsildar, Tiruttani Taluk Tiruttani District.

3. The Village Administrative Officer O/o. The Village Administrative Officer Panapakkam Village, Kanakammachatram Tiruttani Taluk, Tiruttani District.

4. Madhan

5. Lukka ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st, 2nd and 3rd respondents to remove the encroachments made by the 4th and 5th respondents in S.Nos.209, and 211/3 of Panappakkam Village, Kanakammachatram, Tiruttani Taluk, Tiruvallur District and to bring back the same to the public use.

For the Petitioner : Mr.M.Dhivakar For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Dhivakar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. The petitioner alleges encroachment made by respondents 4 and 5 in S.Nos.209, 210 and 211/3 of Panappakkam Village, Kanakammachatram, Tiruttani Taluk, Tiruvallur District.

3. The petitioner gave a representation on 02.11.2023 to the respondents and on 20.11.2023 filed the present writ petition without waiting for a reasonable time for the authority to take action.

4. Writ jurisdiction under Article 226 of the Constitution of India cannot be just exercised to give directions to consider the representation without the petitioner waiting for a reasonable time. If no action is taken on the representation of the petitioner within a reasonable time, then the petitioner may approach the court.

5. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector O/o. The District Collector, Tiruvallur.

2. The Tahsildar O/o. The Tahsildar, Tiruttani Taluk Tiruttani District.

3. The Village Administrative Officer O/o. The Village Administrative Officer Panapakkam Village, Kanakammachatram Tiruttani Taluk, Tiruttani District.

THE HON'BLE CHIEF JUSTICE

AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 07.12.2023