Senthil v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Senthil ... Petitioner Vs.

1. The District Collector, Sivagangai District.

2. The Tahsildar, Devakottai, Sivagangai District.

3. The Village President, Sivagangai District.

4. The Executive Officer, Devakottai, Sivagangai District.

5.Chellam ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Survey Nos.36/9, 36/14 and S.No.36/21 in Natham streets, Pagayani Village, Pagayani Group, Devakottai Taluk by considering the representation of the petitioner dated 21.01.2021.

For Petitioner : Mr.J.Anandkumar For Respondents 1&2 : Mr.A.K.Manikkam Standing Counsel for Government For Respondent No.3 : Mr.Subburaj

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.J.Anandkumar, learned Counsel appearing for the petitioner, Mr.A.K.Manikkam, learned Standing Counsel for Government appearing for the first and second respondents and Mr.Subburaj, learned Counsel appearing for the third respondent. 1/3

2.This writ petition has been filed praying for a direction upon the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Survey Nos.36/9, 36/14 and S.No.36/21 in Natham streets, Pagayani Village, Pagayani Group, Devakottai Taluk by considering his representation dated 21.01.2021. 3.We have perused the representation dated 21.01.2021, which is bereft of particulars. In fact, it is a handwritten representation which is completely illegible. Therefore, based on such request, we cannot issue any Writ of Mandamus.

4.Accordingly, the writ petition is disposed of, by giving liberty to the petitioner to give a fresh representation and if the same is not considered within a reasonable time, then only, the petitioner can approach the appropriate forum for necessary relief. However, there shall be no order as to costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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, Sivagangai District.

2. The Tahsildar, Devakottai, Sivagangai District.

3. The Village President, Sivagangai District.

2/3

4. The Executive Officer, Devakottai, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-24374[F] dated 29/07/2021 ) 28.07.2021 GC(06.09.2021) 3P 6C 3/3