1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.14262 of 2011 and M.P.(MD)No.1 of 2011 V.Balusamy ... Petitioner Vs. 1.The Secretary to Government Revenue Department, Secretariat, Chennai. 2.The Special Commissioner & Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5. 3.The District Collector, Ramanathapuram District. 4.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District. 5.The Assistant Executive Engineer, PUblic Works Department, Eastern Vaigai Basin Sub-Division, Paramakudi, Ramanathapuram District. 6.The Commissioner, Paramakudi Municipality, Ramanathapuram District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to regularise the encroachment in Venthoni Channel Poromboke, which is comprised in Old Survey No.10, 11,4/1, Block No.24,Ward H, Town Survey No.80 and Ward H, Block 28 Town Survey No.12, Old Survey No.14/1, comprised in Paramakudi Town (Venthoni Revenue Group), Ramanathapuram District, by converting the same to Natham, as per G.O.Ms.No.1170, Revenue (L2) Department, dated 12.12.1995, and to issue patta to the occupiers of the said area, after collecting the charges as per the said G.O., by considering the representation of the petitioner, dated 18.11.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.R.Anandharaj, 1 to 5 Government Advocate. For Respondent-6 : Mr.K.Mahendran, Spl.Govt.Pleader. ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the respondents to regularise the encroachment in Venthoni Channel Poromboke, which is comprised in Old Survey No.10, 11, 4/1, Block No.24, Ward H, Town Survey No.80 and Ward H, Block 28 Town Survey No.12, Old Survey No.14/1, comprised in Paramakudi Town (Venthoni Revenue Group), Ramanathapuram District, by converting the same to Natham, as per G.O.Ms.No.1170, Revenue (L2) Department, dated 12.12.1995, and to issue patta to the occupiers of the said area, after collecting the charges as per the said G.O., by considering the representation of the petitioner, dated 18.11.2011. 2.Mr.R.Anandharaj, learned Government Advocate, takes notice on behalf of respondents 1 to 5. Mr.K.Mahendran, learned Special Government Pleader, takes notice for the 6th respondent. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing, at the time of admission itself. 3.Learned counsel for the petitioner would submit that though the petitioner has come forward with a larger prayer, he would be satisfied if a direction is given to the respondents to consider his representation, dated 18.11.2011, in the light of G.O.(MD)No.1170, Revenue (L2) Department, dated 12.12.1995. It is contended that though the representation was preferred as early as on 18.11.2011, the same is yet to be considered by the respondents and as such, the petitioner was constrained to approach this Court, with the present petition, with the aforesaid relief. 4.Heard the learned Government Advocate and the learned Special Government Pleader, appearing for the respondents, on the submissions made by the learned counsel for the petitioner. 5.Considering the submission now made by the learned counsel for the petitioner that the petitioner would be satisfied if a direction is given to the respondents to consider his representation, this Court, without going in to the merits of the representation of the petitioner and without expressing any view on such representation, is constrained to direct the 3rd respondent to consider the representation of the petitioner, dated 18.11.2011, in the light of G.O.Ms.No.1170, Revenue (L2) Department, dated 12.12.1995, by affording an opportunity to the petitioner as well as to other relevant parties, by issuing notices, and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of his representation. The petitioner shall furnish a fresh copy of his representation, along with a copy of this order, to https://hcservices.ecourts.gov.in/hcservices/ 3 the 3rd respondent within 10 days from the date of receipt of a copy of this order. It is also made clear that till the disposal of the representation of the petitioner, as stated above, there shall be an order of status-quo, as on ate, in respect of possession and enjoyment of the disputed property by the petitioner. 6.With the above observation and direction, the writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. gb Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To: 1.The Secretary to Government Revenue Department, Secretariat, Chennai. 2.The Special Commissioner & Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5. 3.The District Collector, Ramanathapuram District. 4.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District. 5.The Assistant Executive Engineer, PUblic Works Department, Eastern Vaigai Basin Sub-Division, Paramakudi, Ramanathapuram District. 6.The Commissioner, Paramakudi Municipality, Ramanathapuram District. Order in W.P.(MD)No.14262/2011 and MP(MD)No.1 of 2011 Dated:14.12.2011 3P/7C RPB : 19.12.2011 https://hcservices.ecourts.gov.in/hcservices/