Disposed

Sampath, v. The District Collector

Madras HC28 Apr 2018WP/11001/2018

Case brief

AI extract

What is this about?

The High Court, through a writ petition under Article 226, directed the respondents to dispose of the petitioner's representation concerning encroachment on a reserve area for Adi Dravidar community common sites within ten weeks, without adjudicating the merits of the claim itself. No costs awarded.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's representation dated 20.03.2018 on merits within ten weeks after notice to encroachers.

Sampath, Vs The District Collector — Constitutional and Fundamental Rights | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 28.04.2018

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CORM

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THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

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AND

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THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM

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WP.No.11001/2018
Sampath .. Petitioner
Versus
1.The District Collector
Collectorate of Thriuvannamalai
Tiruvannamalai District.
2.The District Adi Dravidar Welfare Officer
District Adhi Dravidar Welfare Office
Tiruvannamalai District.
3.The Special Tahsildar
Adhiddravidar Welfare Department
Chengam Taluk, Tiruvannamalai District. .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of mandamus directing the
respondents to remove the encroachment in reserve site for
common purpose in layout approval plan for property comprised in
S.No88/2B1,2B3, Alapputhur Village, Chengam Taluk,
Tiruvannamalai.

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For Petitioner : Mr.J.Stalin For Respondents : Mr.R.Udhayakumar, AGP

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ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.,]

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By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents.

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2 The petitioner would aver that the 3^rd respondent has formed a layout for house sites for people belonging to Adi Dravidar Community in S.No.88/2B1 and 2B3 admeasuring to an extent of 5.04 acres in Alapputhur Village, Chengam Taluk, Tiruvannamalai https://hcservices.ecourts.gov.in/hcservices/

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District, vide proceedings dated 0.12.1999 in K1/5047/1999 and as per the Layout plan, 115 house sites along with the area reserved for common purpose were formed and the petitioner would claim that he was allotted with the Site No.17 vide proceedings dated 08.12.1999 in A/2381/1999. The grievance now expressed by the petitioner is that some unknown persons made encroachment upon the area reserved for common purpose and started putting up semi-permanent structure and in this regard, a representation dated 20.03.2018 has been submitted to the respondents and despite receipt and acknowledgment, no orders have been passed and hence, the petitioner came forward to file the present writ petition.

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3 The Court heard the submissions of the lerned counsel for the petitioner and Mr.R.Udhayakumar, learned Additional Government Pleader appearing for the respondents and also perused the materials placed before it.

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4 This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the 3^rd respondent to consider and dispose of the petitioner's representation dated 20.03.2018 on merits and in accordance with law, after putting the concerned persons / alleged encroachers on notice and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the persons/alleged encroachers concerned.

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5 The writ petition stands disposed of with the above direction. No costs.

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-sd/- Assistant Registrar

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True Copy

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Sub-Assistant Registrar

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1.The District Collector Collectorate of Thriuvannamalai Tiruvannamalai District.

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2.The District Adi Dravidar Welfare Officer District Adhi Dravidar Welfare Office Tiruvannamalai District.

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

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3.The Special Tahsildar Adhiddravidar Welfare Department Chengam Taluk, Tiruvannamalai District.

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+1 C.C. to Mr.J.Stalin Advocate vide SR.NO. 32014

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+1 C.C. to The Government Pleader vide SR.NO. 32930

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WP.No.11001/2018
SKV (CO)
VS 18.05.2018

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

Sampath, v. The District Collector

Case brief

What is this about?

What did the court decide?

Sampath, v. The District Collector

Case brief

What is this about?

What did the court decide?

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