Madras High CourtWP(MD)/24010/2023disposed of

Robert Alexandar. A v. The State Of Tamil Nadu

2023-10-03Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL A.Robert Alexandar .. Petitioner vs 1.The State of Tamil Nadu, Represented by its Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.

2.The District Collector, Kanyakumari District @ Nagercoil.

3.The Sub Collector, Office of the Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

4.The Executive Engineer (PWD/WRO), Kothaiyar Basin Division, Nagercoil, Kanyakumari District.

5.The Assistant Executive Engineer, PWD/WRO, Pattanamkal Sub Division, Kuzhithurai, Kanyakumari District.

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6.The Thasildar, Thiruvattar Taluk, Kanyakumari District.

7.Nallathangal .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 2 to 6 to remove the encroachments made by the seventh respondent and others in Survey No.106/6 in Veyanoor 'B' Village, Thiruvattar Taluk, Kanyakumari District on the bank of the Pattanamkal main canal near Keezh pulippunam under the maintenance and control of respondents 4 and 5 after affording an opportunity of hearing to all the parties / encroachers concerned within a time frame fixed by this Court.

For Petitioner :

Mr.B.Brijesh Kishore For RR 1 to 6 :

Mr.P.Thilak Kumar Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned Writ Petition has been filed in this Court on 27.09.2023 with a Mandamus prayer qua respondents 2 to 6. 2.Short facts are that land comprised in Survey No.106/6 in Veyanoor 'B' Village, Thiruvattar Taluk, Kanyakumari District (hereinafter 'said land' for the sake of convenience and clarity) is the nucleus of the matter; 2/9

Mr.B.Brijesh Kishore, learned counsel for petitioner submits that said land which is under the maintenance and control of respondents 4 and 5 has been encroached and encroachment has been made allegedly by respondent No.7. That the petitioner has sent a representation dated 22.02.2021 and the same is pending after going through various tiers. 3.Issue notice to official respondents.

4.Mr.P.Thilak Kumar, learned Government Pleader accepts notice for respondents 1 to 6.

5.Learned State Counsel submits that the representation is under consideration and alternate site is also an option but we refrain ourselves from expressing any opinion albeit as we propose to dispose of captioned writ petition with a simple directive qua representation dated 22.02.2021 (hereinafter 'said representation') and a scanned reproduction of said representation is as follows:- 3/9

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6.We deem it appropriate to direct the second respondent to dispose of said representation on its own merits and in accordance with law, after putting on notice seventh respondent and petitioner and calling for show cause if deemed appropriate. We make it clear that this does not mean that we are directing personal hearing to be given but that is an option at the sole discretion of the second respondent at his/her discretion. 7.Aforementioned said representation shall now be disposed of by the second respondent as expeditiously as the business of the second respondent would permit but in any event within six weeks from today i.e., on or before 14.11.2023. The disposal of the said representation shall be communicated to the writ petitioner and seventh respondent under due acknowledgement within five working days from the date of disposal.

connected/collateral proceedings (if any or if initiated in future), in any Court/s/Forum/Fora/Authority/Authorities.

9.Captioned Writ Petition is disposed of with the aforementioned directive and preservation of rights in aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (R.S.V.,J.) 03.10.2023 Index : Yes/No ps 7/9

To 1.The Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.