Disposed

K.Vediyappan v. The District Collector

Madras HC3 Oct 2016WP/34888/2016

Case brief

AI extract

What is this about?

In this PIL, the court directed revenue officials to consider a petitioners representation regarding encroachment and dumping of granite waste on government land in Dharmapuri District and to take action within eight weeks.

What did the court decide?

Directed respondents 1 and 3 to consider the representation dated 04.07.2016 and take necessary action after due notice within eight weeks.

K.Vediyappan Vs The District Collector — Property and Title | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.10.2016

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CORAM

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THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH

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and

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THE HONOURABLE Mr. JUSTICE R.MAHADEVAN
W.P.No.34888 of 2016
K.Vediyappan ... Petitioner
Vs.
1.The District Collector,
District Collector Office,
Dharmapuri District.

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2.The Tashildar,
Tashildar Office,
Harur, Dharmapuri District.

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3.The Revenue Divisional Officer,

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Revenue Divisional Office, Harur, Dharmapuri District.

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4.The Block Development Officer,

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Harur, Dharmapuri District.

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5.M.Ramasamy ... Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing 1 to 4 respondents to remove the encroachment in government poramboke land made by the 5^th respondent in Survey No.316/2A an extent of 2.13.50 Hector and in Survey No.316/3A an extent of 0.49.00 Hector in total extent 2.62.50 Hector land at Harur village and Taluk, Dharmapuri District and consequently directing 1 to 4 respondents to remove the granite, granite policing factory waste stones from the above said government poramboke land based on the petitioner representation dated 04.07.2016.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.S.Senthamil Selvan For Respondents : Mr.M.K.Subramanian Govt. Pleader for R1 to R3

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Mr.R.Vijayakumar Addl. Govt. Pleader for R4

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O R D E R

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(Order of the Court was made by R.MAHADEVAN, J.)

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The petitioner by this public interest litigation seeks a writ of mandamus, directing the respondent Nos.1 to 4 to remove the encroachment made by the respondent No.5 in the Government poramboke land in S.Nos.316/2A and 316/3A at Harur Village and Taluk, Dharmapuri District and consequently, direct the respondent Nos.1 to 4 to remove the granite slabs and granite waste stones from the above said Government poramboke land based on the representation dated 04.07.2016.

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Case of the petitioner is that the respondent No.5 encroached the Government poramboke land in S.No.316/2A to an extent of 2.13.50 hectares and in S.No.316/3A to an extent of 0.49.00 hectares and dumped the granite wastes. The respondent No.5 had also constructed a building for using it as office for his granite business. As the said encroachment is illegal and without permission from the authorities, the petitioner made a representation to respondent No.3 on 13.06.2016 for removal of the encroachment. Since no action was taken, the petitioner made another representation to respondent No.1 on 04.07.2016 requesting to take action against respondent No.5. Despite direction by respondent No.1 to respondent Nos.2 and 3 to take action against the encroacher, no action has been taken. Because of dumping of granite waste stones in the aforesaid land, air and water get polluted and due to granite dust, the agricultural lands are also getting polluted. Hence, the petitioner has filed the present writ petition.

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Heard Mr.S.Senthamil Selvan, learned counsel for https://hcservices.ecourts.gov.in/hcservices/ the petitioner and Mr.M.K.Subramanian, learned Government

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Pleader for respondent Nos.1 to 3 and Mr.R.Vijayakumar, learned Additional Government Pleader for respondent No.4.

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On a perusal of the typed set of papers, we find that earlier on 26.02.2015, the petitioner made a representation to respondent Nos.1 to 3 for removal of the encroachments made by respondent No.5 in the Government poramboke land in S.Nos.316/2A and 316/3A and upon receipt of the representation, on 27.03.2015, the first respondent directed the Tahsildar, Harur to take necessary action on the representation and report back the action taken. But so far no action was taken on the representations made by the petitioner. Hence, the present public interest litigation has been filed by the petitioner.

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Considering the seriousness of the issue and also in the light of the direction issued by respondent No.1 to respondent No.2 to take action on the representation of the petitioner dated 26.02.2015 which met no results, this Court is inclined to direct the first and third respondents to consider the representation of the petitioner dated 04.07.2016 and take necessary action, after due notice to all the parties concerned within a period of eight weeks from the date of receipt of a copy of this order.

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The writ petition, accordingly, stands disposed of. No costs.

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Sd/ Assistant Registrar /True copy/

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Sub Assistant Registrar

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1.The District Collector, District Collector Office, Dharmapuri District.

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2.The Tashildar, Tashildar Office, Harur, Dharmapuri District.

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3.The Revenue Divisional Officer, Revenue Divisional Office,

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https://hcservices.ecourts.gov.in/hcservices/ Harur, Dharmapuri District.

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4.The Block Development Officer,

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Harur, Dharmapuri District.

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+1cc to M/s.S.Senthilselvam, Advocate Sr.No.56532

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+1cc to the Government Pleader SR.NO.56608

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Order in
W.P.No.34888 of 2016
SDR 22.10.2016

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https://hcservices.ecourts.gov.in/hcservices/

K.Vediyappan v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Vediyappan v. The District Collector

Case brief

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