Puli Muthurakku v. The District Collectior
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.6146 of 2018 and W.M.P.(MD) No.16340 of 2018 Puli Muthurakku ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.
2.The General Manager, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Corporate Office Building, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 32.
3.The General Manager, SIDCO, Thondi Road, Sivagangai.
4.The District Forest Officer, District Collector Office Campus, Sivagangai.
5.The District Pollution Control Board, District Collector Office Campus, Sivagangai.
6.M/s.V.M.Hallow Blocks, Rep. by its Proprietor, SIDCO, Sivagangai.
... Respondents Pandiarajan .. Petitioner in W.M.P.(MD) No.16340 of 2018 PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5, to remove the encroachment made by the 6th respondent in S.No.42B to the extent of 3 acres situated in SIDCO, Thondi Road, Sivagangai, thereby considering the representation dated 19.02.2018 within a time frame as may be fixed by this Hon'ble Court.
For Petitioner :
Mr.V.Sasikumar For Respondents 1 to 4 :
Mr.A.K.Baskara Pandian Special Government Pleader For 5th Respondent :
Mr.M.Govindan For 6th Respondent :
Mr.G.Prabhu Rajadurai For petitioner in W.M.P.
:
Mr.R.Pon Karthikeyan (MD) No.16340 of 2018
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed seeking a direction to the respondents 1 to 5, to remove the encroachment made by the 6th respondent in S.No.42B to the extent of 3 acres situated in SIDCO, Thondi Road, Sivagangai, thereby considering the representation dated 19.02.2018 within a time frame.
2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4, learned counsel for the 5th respondent, learned counsel for the 6th respondent and the learned counsel for the impleading petitioner.
3.Though we have serious doubt about the locus-standi of the petitioner, who has filed the writ petition as well as the petitioner, who seeks to implead as party respondent, we are not inclined to dismiss the Writ Petition on the sole reason. 4.The learned counsel for the 6th respondent would submit that the land in question belongs either to SIDCO or Forest Department.
5.This is a matter, which can be considered by the respondent No.3 or respondent No.4 as the case may be. Thus, we call upon the respondents 3 and 4 to look into the aforesaid issue and take appropriate action within 8 weeks from the date of receipt of a copy of this order.
6.This Writ Petition is disposed of with the above direction. No costs. In view of the above, W.M.P.(MD) No.16340 of 2018 is dismissed as unnecessary.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I)
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The General Manager, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Corporate Office Building, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 32.
3.The General Manager, SIDCO, Thondi Road, Sivagangai.
4.The District Forest Officer, District Collector Office Campus, Sivagangai.
5.The District Pollution Control Board, District Collector Office Campus, Sivagangai.
+1cc to Mr.A.Mohan, Advocate Sr.No.83776 +1cc to Spl.Government Pleader Sr.No.84100 SJ VB/SKN/SAR1/11.10.2018/3P/8C W.P.(MD) No.6146 of 2018 11.09.2018