Madras High CourtWP(MD)/20897/2017disposed of

R.Thandapani, v. The District Collector,

2017-12-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20897 of 2017 R.Thandapani ... Petitioner Vs.

1.The District Collector Karur District.

2.The Tahsildar Aravakurichi Taluk, Karur District.

3.The Block Development Officer K.Paramathi Union, Karur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent herein to forthwith remove the damaged cement thrashing floor in the patta land of the petitioner in S.No.92/23 Kalakurichi Village, Aravakurichi Taluk, Karur District, as per the proceedings of the second respondent in Moo.Mu (A1) 4048/2017 dated 21.08.2017 based on field inspection report of the Reveune Inspector, Chinna Tharapuram dated 16.08.2017.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader

O R D E R

This writ petition has been filed, seeking to direct the third respondent to forthwith remove the damaged cement thrashing floor in the patta land of the petitioner in S.No.92/23 Kalakurichi Village, Aravakurichi Taluk, Karur District, as per the proceedings of the second respondent in Moo.Mu (A1) 4048/2017 dated 21.08.2017 based on field inspection report of the Reveune Inspector, Chinna Tharapuram dated 16.08.2017.

2. Heard the learned counsel on either side.

3. Alleging that the third respondent without getting his consent, has put up a cement flooring to thrash paddy in his patta land, the petitioner has submitted a representation dated https://hcservices.ecourts.gov.in/hcservices/

17.07.2017 to the first respondent, based on which, the Revenue Tahsildar, vide his proceedings dated 21.08.2017, directed the third respondent to remove the damaged thrashing cement floor from the petitioner's land. Despite the direction issued by the second respondent, the third respondent failed to comply with the directions from the respondents 1 and 2. Therefore, the petitioner is before this Court with the above prayer.

4. Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 07.10.2017, in the light of the second respondent's proceedings dated 21.08.2017 and take appropriate action thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1.The District Collector Karur District.

2.The Tahsildar Aravakurichi Taluk, Karur District.

3.The Block Development Officer K.Paramathi Union, Karur District.

+1cc to M/S.K.Appadurai, Advocate SR.No. 90955 +1cc to Special Government Pleader, SR.No. 91429 W.P(MD)No.20897 of 2017 05.12.2017 RM JM/SV MMS/SAR 4/18.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/