1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA W.P.(MD)No.3017 of 2011 R.Angamuthu .. Petitioner Vs 1.The Secretary to Government (Revenue Department), Secretariat, Chennai. 2.The District Collector, Collectorate, Pudukottai District. 3.The Revenue Divisional Officer, Aranthangi, Pudukottai District. 4.The Tahsildhar, Aranthangi, Pudukottai District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to pay Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand), as compensation towards damage caused by the fourth respondent to the petitioner's property. For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.Aayiram K.Selvakumar, Govt.Advocate O R D E R Mr.Aayiram K.Selvakumar, learned Government Advocate takes notice on behalf of the respondents. By mutual consent of the learned counsel on either side, the main writ petition is taken up for disposal at the admission stage itself. 2.The petitioner has come forward with the writ petition for a mandamus directing the respondents to pay a sum of Rs.3,50,000/-, to the petitioner, as compensation towards damage caused by the fourth respondent to the petitioner's property. 3.Learned counsel for the petitioner would contend that the fourth respondent herein has caused damages to the property, viz. the shop of the petitioner constructed in the patta land, claiming that the said shop was constructed by way of encroachment in the Government Poramboke land. It is contended that in view of the same, the petitioner preferred a representation dated 03.12.2010 and a reminder dated 24.01.2011, to the first respondent, seeking for the relief of action against the fourth respondent, but till now no orders have been passed on the same, and as such, the petitioner is constrained to approach this Court with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Per contra, the learned Government Advocate would submit that it is for the petitioner to establish about the ownership of the disputed premises by producing relevant records. It is submitted that the petitioner is seeking the direct relief of compensation without establishing his right over the property. 5.This Court carefully considered the rival contentions put forward on either side and also perused the materials available on record. 6.At the outset, it is to be stated that the petitioner has filed this writ petition seeking for the relief of directing the respondents to pay an amount of Rs.3,50,000/- as compensation towards causing damage to his shop by the fourth respondent, viz. the Tahsildar, Aranthangi, Pudukottai District. The petitioner claims that the disputed property is his personal property and the shop was put up in a patta land, but on the other hand, the fourth respondent, viz. the Tahsildar, Pudukottai District has demolished the same claiming that the said disputed place is a Government Poramboke land. In view of all these factors, this Court cannot give a direction straightaway to the respondents to pay compensation, as claimed by the petitioner. On the other hand, it is suffice to give a direction to the respondents to consider the representation of the petitioner. Accordingly, this Court, without going into the merits of the representation made by the petitioner dated 03.12.2010 and the reminder dated 24.01.2011, directs the respondents herein to consider the representation of the petitioner dated 03.12.2010 and the reminder dated 24.01.2011, after affording opportunity to the petitioner, and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also furnish copies of his representation dated 03.12.2010 and the reminder dated 24.01.2011 to the respondents, within a period of ten days from the date of receipt of a copy of this order, along with a copy of this order. 7.With the above directions, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (T&P) / True Copy / Sub Assistant Registrar To 1.The Secretary to Government(Revenue Department), Government of Tamil Nadu, Secretariat, Chennai. 2.The District Collector, Collectorate, Pudukottai District. 3.The Revenue Divisional Officer, Aranthangi, Pudukottai District. 4.The Tahsildhar, Aranthangi, Pudukottai District. Km SR : 13.12.2011 : 2p/5c W.P.(MD)No.3017 of 2011 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/