Disposed

C.Devarajan v. The District Collector

Madras HC15 Apr 2021WP/33984/2018

Case brief

AI extract

What is this about?

In a writ petition seeking mandamus to remove encroachments from government land, the Madras High Court directed the Petitioner to submit a fresh representation to specific revenue authorities without examining the merits of the case. The authorities were directed to dispose of the representation within eight weeks.

What did the court decide?

Allowed the writ petitioner to submit a fresh representation to specific revenue authorities; directed authorities to dispose within eight weeks.

C.Devarajan Vs The District Collector — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.04.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.33984 of 2018
C.Devarajan .. Petitioner
Vs.
1.The District Collector,
Kanchipurm District,
At Kanchipuram.
2.The District Revenue Officer,
Kanchipuram,
Kanchipuram District.
3.The Revenue Divisional Officer,
Tambaram, Kanchipuram District.
4.The Tahsildar,
Pallavaram Taluk,
Kanchipuram District.
5.The Revenue Inspector,
Mangadu,
Kanchipuram District.
6.The Village Administrative Officer,
Kollachery,
Pallavaram Taluk,
Kanchipuram District.
7.The Block Development Officer,
Kundrathur at Padappai,
Kanchipuram District.
8.The Animal Husbandry Department,
Kanchipuram-Chengalpattu Road,
Pillayarpalayam,
Kanchipuram District. .. Respondents

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

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(Respondent Nos.7 and 8 are impleaded vide order dated 19.3.2019 in WMP.No.8210 of 2019)

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to remove the encroachments found place in Survey Nos.980, 981, 988 and 990 of Malayambakkam Village (KollacheryThiruvallur Road), Pallavaram Taluk, Kanchipuram District by considering the petitioner's representation dated 12.04.2017 pursuant to the proceedings in Na.Ka.No.15939/2015/AA2 dated 01.09.2015 issued by the office of the first respondent.

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The writ petitioner complains about the existence of encroachments in Survey Nos.980, 981, 988 and 990 of Malayambakkam Village, Kollachery-Thiruvallur Road, Pallavaram Taluk, Kanchipuram District.

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The writ petitioner asserts that the aforesaid survey numbers are classified as Government poramboke lands in the relevant revenue records and, in particular, as “kulam”, “maikkal” and “vandipathai” in the adangal register. In spite of such classification, it is stated that private persons have encroached on these lands and put up superstructures thereon such as lorry sheds. It is further stated that the said lands have been used by the owners of quarries functioning in the said village in connection with quarrying activity. In spite of submitting multiple representations in this connection, no action has been taken thereon.

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Learned Government Advocate, Ms.R.J.Radhika, appears on behalf of the respondents and submits that the relevant authorities to take action would be the Block Development Officer, Kundrathur at Padappai, Kanchipuram District and the Tahsildar, Pallavaram Taluk, Kanchipuram District, who would consider the representation of the petitioner and dispose of the same within a specified time limit.

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Accordingly, without examining the merits of the matter, the petitioner is permitted to submit a fresh representation to

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

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the Tahsildar, Pallavaram Taluk, Kanchipuram District and the Block Development Officer, Kundrathur at Padappai, Kanchipuram District. Such representation shall be submitted within two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the authorities concerned are directed to consider and dispose of such representation by a speaking order within a period of eight weeks from the date of receipt thereof, after providing a reasonable opportunity to all affected parties.

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W.P.No.33984 of 2018 is disposed of on the above terms. There will be no order as to costs.

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Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
bbr
To:
1.The District Collector,
Kanchipurm District, At Kanchipuram.
2.The District Revenue Officer,
Kanchipuram, Kanchipuram District.
3.The Revenue Divisional Officer,
Tambaram, Kanchipuram District.
4.The Tahsildar,
Pallavaram Taluk, Kanchipuram District.
5.The Revenue Inspector,
Mangadu, Kanchipuram District.
6.The Village Administrative Officer,
Kollachery, Pallavaram Taluk, Kanchipuram District.

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7.The Block Development Officer, Kundrathur at Padappai, Kanchipuram District.

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

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8.The Animal Husbandry Department, Kanchipuram-Chengalpattu Road, Pillayarpalayam, Kanchipuram District.

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+1cc to the Government Pleader, S.R.No.22813

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W.P.No.33984 of 2018

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GPL(CO)
KM(26/04/2021)

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

C.Devarajan v. The District Collector

Case brief

What is this about?

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C.Devarajan v. The District Collector

Case brief

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