1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.N.BASHA A N D THE HONOURABLE Mr.JUSTICE M. VENUGOPAL W.P.(MD) No.14756 of 2011 S. Kombiah ...Petitioner Vs 1. The District Collector Tuticorin District 2. The Tahsildar Taluk Office Kovilpatti. 3. The Revenue Inspector Kayathar Kovilpatti Taluk Tuticorin District. 4. The Village Administrative Officer North Elanthaikulam Kovilpatti Taluk Tuticorin District. 5. The Land Surveyor Kayathar Tuticorin District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents to remove the encroachment made in Survey Numbers 277/3, 4, 5, 6 and 7, 279/1, 2 and 3, 280/8, 9, 2781/1, 2, 282/1, 2, 283/1, 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 North Elanthaikulam, Kayathar Post, Kovilpatti Taluk, Tuticorin District within a stipulated time. For petitioner ... Mr.N.S.Ramakrishna Dass For respondents ... Mr.S.Chandrasekaran, GA O R D E R (Order of the Court was made by K.N.BASHA, J) This writ petition has been filed by the petitioner praying to direct the respondents to remove the encroachment made in Survey Numbers 277/3, 4, 5, 6 and 7, 279/1, 2 and 3, 280/8, 9, 2781/1, 2, 282/1, 2, 283/1, 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 North Elanthaikulam, Kayathar Post, Kovilpatti Taluk, Tuticorin District within a stipulated time. 2. By mutual consent, of the learned counsel appearing for the petitioner and Mr.S.Chandrasekaran, Government Advocate appearing for the respondents 1 to 5, the main writ petition itself is taken up for final https://hcservices.ecourts.gov.in/hcservices/ 2 hearing, at the admission stage itself. 3. The learned counsel for the petitioner would submit that the petitioner has already preferred a representation dated 18/7/2011 seeking for the relief of removal of encroachment in respect of Survey numbers mentioned in the prayer in this writ petition and though proceedings initiated, no final order has passed as on date and as such the petitioner has come forward with the above said prayer. 4. Heard Mr.S.Chandrasekaran, Government Advocate for the respondents 1 to 5 on the submissions made by the learned counsel appearing for the petitioner. 5. We have heard the submissions made by the learned counsel appearing for the petitioner and perused the materials available on record. 6. The fact remains that the petitioner is said to have preferred a representation as early as on 18/7/2011 seeking for the relief of removal of encroachment in respect of survey numbers mentioned in the prayer of the writ petition. It is submitted before this Court that the learned counsel appearing for the petitioner would submit that the respondents have already initiated action but completed the enquiry and passed an order on the basis of the representation preferred by the petitioner dated 18/7/2011. It is pertinent to note that as per the proceedings of the Tahsildar dated 23/11/2011, action was taken on the basis of the representation given by the petitioner by calling for a detailed report from the Revenue Inspector and Village Administrative Officer, Elantaikulam. 7. In view of the said grievance of the petitioner, this Court without going into the merits of the representation of the petitioner dated 18/7/2011 and without expressing any view, constrained to direct the respondents 3 to 5 to consider the representation of the petitioner, by affording an opportunity to the petitioner and other relevant parties particularly the alleged encroacher. 8. Considering all these factors, this Court is inclined to direct the petitioner to send a copy of the representation dated 18/7/2011 to all the respondents within a period of ten days from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the representation of the petitioner in the light of the report to be submitted by the revenue authorities as pointed out in the proceedings dated 23/9/2011 of the Tahsildar, Kovilpatti, by affording opportunity to the petitioner as well as to the alleged encroachers and other relevant parties and pass orders on merits and in accordance with law within a period of eight weeks thereafter. 9. With the above direction, this writ petition is disposed of accordingly. No costs. SD/- Assistant Registrar(T & P) /True copy/ Sub Assistant Registrar(CS) To https://hcservices.ecourts.gov.in/hcservices/ 3 1. The District Collector, Tuticorin District 2. The Tahsildar, Taluk Office, Kovilpatti. 3. The Revenue Inspector, Kayathar Kovilpatti Taluk Tuticorin District. 4. The Village Administrative Officer North Elanthaikulam Kovilpatti Taluk Tuticorin District. 5. The Land Surveyor Kayathar, Tuticorin District. +1 CC to Mr.N.s.Ramakrishnadass, Advocate, SR.No.45259 +1 CC to the Special Government Pleader, SR.No.45975 mvs W.P.(MD) 14756 of 2011 22/12/2011 TR : 09.01.2012 : 3p/8c https://hcservices.ecourts.gov.in/hcservices/