Janaki Raman. N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI N.Janaki Raman ... Petitioner Vs.

1.The District Collector, Karur, 2.The District Revenue Officer, Karur, 3.The Sub Collector / Revenue Divisional Officer, Kulithalai, 4.The Tahsildar, 5.The Block Development Officer, Thogaimalai, 6.The Joint Director, Animal Husbandry Department, Karur, 7.The Joint Commissioner, HR & CE Department, Karur, 8.The President, Porunthalur Panchayat, 1/3

9.The Secretary, Porunthalur Panchayat, 10.Muthu Chettiyar 11.Ramu 12.Maruthai Chettiyar 13.Angammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 9 to remove the encroachment made by the Respondents 10 to 13 in Survey Nos.17, 46/1, 48/1, 48/2, 48/3, 54/1 and 216/3, 7 - Patta No.254 situated at Porunthalur, Kulithalai Taluk, Karur District and which are classified as Government Land and Temple Land.

For Petitioner : Mr.R.Murugappan For Respondent Nos.1 to 9 : Mr.A.Karthick Government Advocate For Respondent Nos.10 to 13 : No appearance

ORDER

(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner has filed this Writ Petition, styled as a Public Interest Litigation, seeking for issuance of a Writ of Mandamus, directing the Respondents 1 to 9 to remove the encroachment made by the Respondents 10 to 13 in Survey Nos.17, 46/1, 48/1, 48/2, 48/3, 54/1 and 216/3, 7 - Patta No.254 situated at Porunthalur, Kulithalai Taluk, Karur District and which are classified as Government Land and Temple Land. 2.Though a counter affidavit has been filed stating that there is no encroachment, since a representation has already been made by the petitioner and the same is pending on the file of the respondents, it is appropriate for the concerned respondent to deal with the representation and inform the petitioner about the state of affair, so that, if aggrieved, the petitioner can work out his remedy in accordance with law.

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3.Accordingly, the Tahsildar, Kulithalai Taluk, Karur District, the fourth respondent herein, is directed consider the representation of the petitioner, dated 02.12.2020, and pass orders on merits and in accordance with law and communicate the decision taken to the petitioner within three weeks from the date of receipt of a copy of this order and if the petitioner is aggrieved, it is open to him to challenge the same in the manner known to law before the appropriate authority.

4.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned To 1.The District Collector, Karur, 2.The District Revenue Officer, Karur, 3.The Sub Collector / Revenue Divisional Officer, Kulithalai, 4.The Tahsildar, +1 CC to M/s.SPL GP ( SR-16540[F] dated 19/04/2021 ) 17.04.2021 SDS(11.05.2021) 3P 6C 3/3