Gopalakrishnan. P v. The District Collector/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI (Through Video Conferencing) P.Gopalakrishnan : Petitioner Vs.

1.The District Collector/ The District Level Steering Committee Virudhunagar District Virudhunagar.

2.The Review Committee at District Level (Constituted as Per G.O. 540 dated 04.12.2014) Rep. by the District Revenue Officer, Virudhunagar District.

3.The Appellate Committee at Division level (Constituted as Per G.O. 540 dated 04.12.14) rep. by the Revenue Divisional Officer, Virudhunagar District.

4.The Tahsildar, Aruppukottai Virudhunagar District.

5.Krishnaveni 6.The Ela Mahagana Sangam Rep. by its President Konduchetti Madam Sivankoil North Aruppukottai Virudhunagar District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 1st and 2nd respondents to pass orders on the petitioner's review application dated 29.10.2020 seeking to remove the encroachment made by the 6th and 7th respondents in public play ground & Park belonging to Nethaji Nagar in Survey No.213/25, Nethaji Nagar, Aruppukottai, Virudhunagar District within the period that may be stipulated by this Court.

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For Petitioner : Mr.M.E.Ilango For Respondents : Mr.K.P.Krishnadoss (Nos. 1 to 4) Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner made a representation initially to the respondent No.1 seeking removal of encroachments. As no action was taken by the respondent No.4, an appeal was filed before the respondent No.3. A further petition was filed before the respondent No.2.

2.In pursuant to the enquiry conducted, the respondent No.3 passed an order on 05.01.2021. Thereafter, a further representation was made by the petitioner on 29.01.2021.

3.The learned counsel for the petitioner submitted that in view of the Government order passed in G.O.Ms.No.540 dated 04.12.2014, the respondent No.1 will have to refer it to respondent No.2 for appropriate action.

4. Inasmuch as the representation of the petitioner dated 29.01.2021 is pending consideration and in view of the Government order passed in G.O.Ms.No.540 dated 04.12.2014, which constitute a review committee, we direct the respondent No.1 to refer the said representation to the review committee for appropriate action. We expect the review committee will pass an order within eight weeks from the date of receipt of a copy of this order. It is open to the review committee to put the parties on notice.

5. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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. 2/3

To 1.The District Collector/ The District Level Steering Committee Virudhunagar District Virudhunagar.

2.The District Revenue Officer, Virudhunagar District.

3.The Revenue Divisional Officer, Virudhunagar District.

4.The Tahsildar, Aruppukottai Virudhunagar District.

Copy To The Review Committee, District Level (Encroachment), O/o. The DRO, Virudhunagar.

+1 CC to M/s.SPL GP ( SR-6183[F] dated 19/02/2021 ) +1 CC to M/s.M.E.ILANGO, Advocate ( SR-6332[F] dated 19/02/2021 ) Order made in Dated: 18.02.2021 MJ(CO) TR(01.03.2021) 3P 8C 3/3