R.Venkatesan, S/O.Renganathan v. The Chief Executive Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5225 of 2017 R.Venkatesan : Petitioner Vs.
1. The Chief Executive Officer, Tamilnadu Wakf Board, No.1 Jaffer Pirangu Sgtreet, Vallal Seedhakhadi Nagar, Chennai 600 001
2. The Director, Mines and Minerals, Kamarajar Salai, Cheupakkam, Chennai.
3. The District Collector, Thanjavur District, Thanjavur.
4. The Sub Collector, Kumbakonam,
5. The Tahsildar, Kumbakonam, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents one to five herein to remove the illegal encroachment made in survey Nos.241/A, 241/B, 242-2A, 242-2C, 242-6, 244-1, 243-1, situated at Pambapadaiyur Village, Kumbakonam Taluk, Thanjavur District and also another property comprised survey taluk Nos.195./1 and 196/1 situated at Patteeswaram Village, Kumbakonam Taluk, Thanjavur District, in the property of the first respondent Wakf Board and consequently to take immediate action to stop illegal mining and illegal activities on the basis of the petitioner representation dated 18.02.2017.
For Petitioner : Mr.S.Paul Murugesh For Respondent No.1 : K.K.senthil For R2 to R5 : Mr.M.Govindan Special Government Pleader
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition with a grievance that notwithstanding the illegal mining by the encroachers, follow-up action was not taken by the Chief Executive Officer, to protect the interest of the Board.
2.We give liberty to the petitioner to submit a comprehensive representation to the District Collector, Thanjavur District. In case, any such representation is given, the same shall be considered and disposed of by the District Collector, on merits and in accordance with law after issuing notice to the alleged encroachers. Such exercise shall be completed within a period of three months from the date of receipt of representation. 3.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The Chief Executive Officer, Tamilnadu Wakf Board, No.1 Jaffer Pirangu Sgtreet, Vallal Seedhakhadi Nagar, Chennai 600 001.
2. The Director, Mines and Minerals, Kamarajar Salai, Cheupakkam, Chennai.
3. The District Collector, Thanjavur District, Thanjavur.
4. The Sub Collector, Kumbakonam,
5. The Tahsildar, Kumbakonam, +1cc to Mr.B.Jameel Arasu, Advocate in SR.No.65200 +1cc to Mr.K.K.Senthil, Advocate in SR.No.65069 rj2/tsg/psd AE/KP/SAR3/25.07.2017/3P/8C ORDER MADE IN W.P.(MD)No.5225 of 2017 12.07.2017