Karivandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2024

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Karivandan, ... Petitioner Vs

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

4. The Thasildar, Musiri Taluk,Trichy District.

5. Pappathi

6. Saravanan ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments committed by the respondents 5 and 6 in 1/5

Survey no.612/2, Perur village, Musiri Taluk, Trichy District. For Petitioner : M/s.T.R.Jeyapalam, For Respondent : M/s. S.R.A.Ramachandran, AGP R1 to R4 M/s.A.Ramakrishnan - R5 to R6

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Heard both sides and perused the materials available on record.

2. The petitioner herein had given a representation to the official respondents on 24.07.2018 to remove the encroachments committed by the respondents 5 and 6 in Survey no.612/2, Perur village, Musiri Taluk,

3. Pursuant to the said representation, the Surveyor had surveyed the property and submitted is recommendation for removal of the encroachments. The fourth respondent has also issued notice to the private respondents under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Even after the said notice, since there are no 2/5

action for removal of such encroachment and the representation has not been considered, the present Writ Petition has been filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5. Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents, 3/5

as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

[M.S.R.,J] [A.D.M.C.,J] 11.12.2024 NCC : Yes/No Index : Yes/No RR To

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer,

4. The Thasildar, Musiri Taluk,Trichy District.

4/5

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR WP(MD).No.25986 of 2019 11.12.2024 5/5