C.Annadurai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.2005 of 2025 1.
C.Annadurai S/o.Chinnavan 2.
A.Arun S/o.Annadurai ... Petitioners Vs.
1.
The District Collector Perambalur.
2.
The Revenue Divisional Officer Perambalur.
3.
The Tahsildar Perambalur.
4.
Alamelu W/o.Sundarraj 5.
Periyasamy S/o.Sundarraj Page Nos.1/8
6.
Solaimuthu S/o.Sundarraj ... Respondents Prayer :
Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to make an enquiry on the representation of the petitioners dated 02.01.2024 and to remove the encroachment made by the private respondents on the pathway comprised in S.Nos.376/19 and 376/20 of Vellore Revenue Village, Perambalur Taluk and District within a time frame. For Petitioners :
Mr.G.Ilamurugu For Respondents :
Mr.M.S.Arasakumar Government Advocate for R1 to R3
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a mandamus qua a representation dated 02.01.2024 made by writ petitioners alleging that R4 to R6 (private Page Nos.2/8
respondents) have caused encroachment vide 'S.Nos.376/19 and 376/20 in Vellore Revenue Village, Perambalur Taluk, Perambalur District' {hereinafter 'said lands' for the sake of brevity, convenience and clarity}.
2. Issue notice to official respondents.
3. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R3.
4. Learned State Counsel submits that R3 has already issued a notice dated 18.07.2024 bearing reference Na.Ka.A3/7504/2023 to R4 to R6 on being petitioned by two writ petitioners. A scanned reproduction of 18.07.2024 notice is as follows:
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5. Learned State Counsel submits that enquiry will proceed and opportunity will be given to R4 to R6 (private respondents) as they have already been put on (enquiry) notice. Enquiry is underway is learned State Counsel's say.
6. We make it clear that all rights and contentions of R4 to R6 (private respondents) are preserved for the purpose of being raised in enquiry which is underway.
7. As rights and contentions of R4 to R6 (private respondents) are preserved, considering the limited scope of the captioned main WP, we deem it appropriate to take up the main WP, with the consent of learned counsel on both sides. We do so.
8. In the light of the narrative thus far, we deem it appropriate to dispose of captioned WP recording the stated position of learned State Counsel and issue a directive to R3 to continue the aforementioned enquiry and conclude the same as expeditiously as the business of R3 would permit but in any event, within eight weeks from today i.e., on or before 24.03.2025.
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Captioned WP disposed of in the aforesaid manner. Consequently, Writ Miscellaneous Petition thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 27.01.2025 Index : Yes / No Speaking order / Non-speaking order mk P.S. I: Upload forthwith P.S.II : All concerned to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.
P.S.III : Though captioned WP is disposed of, Registry to list the captioned WP under the cause list caption 'FOR REPORTING COMPLIANCE' on 21.04.2025 Page Nos.6/8
To 1.
The District Collector Perambalur.
2.
The Revenue Divisional Officer Perambalur.
3.
The Tahsildar Perambalur.
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M.SUNDAR, J., and K.RAJASEKAR, J., mk 27.01.2025 (2/2) Page Nos.8/8