Kasimayan.J v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.7244 of 2024 J.Kasimayan ... Petitioner -Vs1.The District Collector, District Collectorate Building, Madurai-625 020.
2.The Revenue Divisional Officer, Chariperson/Divisional Monitoring Committee, Thirumangalam, Madurai-621 703.
3.The Thasildar, Subramanya Swami Koil Street, Peraiyur, Madurai-625 703.
4.The Village Administrative Officer,
5.The Block Development Officer, Sedapatti Panchayat Union Office, 6.The President, Village Panchayat, 7.KA.Pinnavanam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the unauthorized construction made by the seventh respondent in land comprised in new Survey No.311 old Survey No.145/3A Pa, Kanniyampatti Village, Perungamanallur Village, Sedapatti Firka, Peraiyur Taluk, Madurai District. For Petitioner : Mr.V.N.Arjun for M/s.N.Vallinayagam For R1 to R5 : Mr.T.Amjadkhan Government Advocate
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to remove the unauthorized construction made by the seventh respondent in land comprised in new Survey No.311 old Survey
No.145/3A Pa, Kanniyampatti Village, Perungamanallur Village, Sedapatti Firka, Peraiyur Taluk, Madurai District.
2.Mr.T.Amjadkhan, learned Government Advocate takes notice for the respondents 1 to 5. Since no adverse order is going to be passed as against the respondents 6 and 7 in this writ petition, notice to the respondents 6 and 7 is dispensed with.
3.The learned counsel for the petitioner submits that the petitioner has made a representation dated 02.01.2024 to take action against the seventh respondent for carrying out construction work without any valid permission in the petition mentioned property. However, the same was not considered. Hence, the petitioner has filed this writ petition.
4.The learned Government Advocate appearing for the official respondents submits that the petitioner in his representation has merely stated that there are encroachments in Survey No.145 by way of unauthorized construction. The said land mentioned by the petitioner is a vast extent of land. The petitioner has not mentioned the correct particulars of the land, in which the
unauthorized construction is being made. Hence, the respondents are unable to consider the contentions raised by the petitioner. 5.In view of the fact that the petitioner in his representation dated 02.01.2024 has not mentioned the proper description of the property, in which the alleged unauthorized construction is made, we are not inclined to entertain the contentions raised by the writ petitioner. Accordingly, this writ petition is dismissed. It is needless to mention here that the petitioner is at liberty to file a fresh representation with all necessary and exact particulars of the property before the authorities concerned. No costs.
[D.K.K., J.] & [R.V., J.] 26.03.2024 NCC :
Yes / No Index : Yes / No Internet : Yes / No ta
To 1.The District Collector, District Collectorate Building, Madurai-625 020.
2.The Revenue Divisional Officer, Chariperson/Divisional Monitoring Committee, Thirumangalam, Madurai-621 703.
3.The Thasildar, Subramanya Swami Koil Street, Peraiyur, Madurai-625 703.
4.The Village Administrative Officer, 5.The Block Development Officer, Sedapatti Panchayat Union Office,
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
ta W.P.(MD)No.7244 of 2024 26.03.2024