Syamaladevi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.798 of 2024 Syamaladevi ... Petitioner Vs.

1.The District Collector, Sivaganga.

2.The District Revenue Officer, Sivaganga.

3.The Revenue Division Officer, Devakkottai, 4.The Tahsildar, Devakottai,

5.The Presidient, Vengaloor Panchayat, Devakottai Taluk, 6.The Block Development Officer, Vengaloor Group, Kannangudi Union, Devakkottai Taluk,

7. Ponnalagu ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 herein to take action for removal of any unauthorized construction and for restoration channel in S.No. 382/12A, Nanja land in Vengaloor Village, Devakottai Taluk, Sivaganga District based on the representation of the petitioner dated 06.11.2023. For Petitioner :

Mr.R.Sundar Srinivasan For Respondents :

Mr.N.Satheesh Kumar, Addl. Govt. Pleader for R1 to R4 T.Amjadkhan, Govt. Advocate for R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to take action for removal of any unauthorized construction and for restoration of water channel in S.No. 382/12A, Nanja land in Vengaloor Village, Devakottai Taluk, Sivaganga District, based on the representation of the petitioner dated 06.11.2023.

2. This Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner has sent a representation on 06.11.2023 to the respondents seeking a direction for removal of unauthorized construction and for restoration of water channel in S.No.382/12A, Nanja land in Vengaloor Village, Devakkottai Taluk, Sivaganga District. Since no action was taken on the said representation, the petitioner has filed this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the land in question is a patta land, which belongs to one Veerappan and there is no unauthorized construction in the land in question as alleged by the petitioner.

5. The learned counsel appearing for the petitioner would submit that even though the land in question is a patta land, the authorities concerned may restore the water channel in the land in question to its original position.

6. Considering the submissions made by the learned counsel appearing for the petitioner, we direct the respondents to consider the representation of the petitioner dated 06.11.2023 and pass orders in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order, after providing opportunity to the petitioner as well as to the parties concerned.

7. With the above directions, this Writ Petition is disposed. There shall be no order as to costs.

[D.K.K., J.] [R.V., J.] 12.01.2024 Index :

Yes / No vsm To 1.The District Collector, Sivaganga.

2.The District Revenue Officer, Sivaganga.

3.The Revenue Division Officer, Devakkottai, Sivaganga District.

4.The Tahsildar, Devakottai, 5.The Presidient, Vengaloor Panchayat, Devakottai Taluk,Sivaganga District.

6.The Block Development Officer, Vengaloor Group, Kannangudi Union, Devakkottai Taluk,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.798 of 2024 12.01.2024