Madras High Court
G.Ezhilarasu vs The District Collector on 21 April, 2021
W.P.No.11541 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.11541 of 2019
G.Ezhilarasu .. Petitioner
-vs-
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Tahsildar,
Pallipattu, Thiruvallur District,
Thiruvallur.
3.The Welfare Officer,
District Adidravidar and Schedule
Tribe Welfare Officer,
Thiruvallur District.
4.The Special Tahsildar,
Adidravidar Welfare Officer,
Thiruthani.
5.Kuppaiah @ Kuppan
6.K.Rathinam
7.Suji
8.Thayarammal .. Respondents
Page 1 of 6
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W.P.No.11541 of 2019
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to direct the 2nd respondent to
remove the encroachments made by respondent nos.5 to 8 in the
burial ground at Survey No.120/3 in Ramasamuthiram Panchayat and
Village, Pallipattu Taluk, Thiruvallur District and form the graveyard,
based on the recommendation of the 3rd respondent in Na.Ka.No.
J1/27440/2017 dated 08.01.2018.
For Petitioner : Mr.D.Nellaiappan
For Respondents : Mrs.R.J.Radhika
Government Advocate
for RR 1 to 4
: No appearance
for RR 5 to 8
ORDER
(Made by Senthilkumar Ramamoorthy, J.)
The petitioner canvasses a grievance regarding encroachment
by respondents 5 to 8 on the burial ground at Survey No.120/3 in
Ramasamuthiram Panchayat and Village, Pallipattu Taluk, Thiruvallur
District.
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W.P.No.11541 of 2019
2. The petitioner states that upon repeated requests for
allotment of land for a grave yard, the land in Survey No.120/3,
which is classified as 'Parai Poramboke' in the relevant revenue
records, was allotted for purposes of use as a grave yard. However,
respondents 5 to 8 encroached on the said land. It is further stated
that the sixth respondent filed a suit bearing O.S.No.43 of 2015
against respondents 1 and 2 and the said suit came to be dismissed
for default by judgment dated 30.06.2017. Thereafter, a
representation was submitted on 27.11.2017 by the President of Dalit
People Front to take necessary action against respondents 5 to 8.
Although respondent no.3 by communication dated 06.12.2017
forwarded such representation to respondents 2 and 4, no action was
taken and this resulted in the filing of the writ petition.
3. It is represented on behalf of the petitioner that the official
respondents have admitted in their counter-affidavit that Survey
No.120/3 has been encroached upon by respondents 5 to 8. In spite
of such admission, it is contended that the encroachments have not
been removed.
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W.P.No.11541 of 2019
4. Mrs.R.J.Radhika, learned Government Advocate, appears on
behalf of respondents 1 to 4. She submits that necessary action
would be taken to remove the encroachments in accordance with law
and that if a representation is submitted by the petitioner to the first
respondent, the said representation would be considered and
disposed of within a specified time-frame.
5. Accordingly, without examining the merits of the matter, the
petitioner is permitted to submit a fresh representation to the first
respondent herein in respect of the encroachments in Survey
No.120/3. Such representation shall be submitted within a period of
two weeks from the date of receipt of a copy of this order. Upon
receipt thereof, the first respondent is directed to consider such
representation and dispose of the same within eight weeks of the
receipt thereof in accordance with law after providing a reasonable
opportunity to all affected parties including respondents 5 to 8
herein. In addition, in case it is concluded that there are
encroachments, the first and second respondents are directed to
initiate proceedings for eviction in accordance with law as against
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W.P.No.11541 of 2019
respondents 5 to 8. Such proceedings shall be concluded within a
period of four months from the date of receipt of a copy of this order.
W.P.No.11541 of 2019 is disposed of on the above terms
without any order as to costs.
(S.B., CJ.) (S.K.R., J.)
21.04.2021
Index : Yes/No
sra
To
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Tahsildar,
Pallipattu, Thiruvallur District,
Thiruvallur.
3.The Welfare Officer,
District Adidravidar and Schedule
Tribe Welfare Officer,
Thiruvallur District.
4.The Special Tahsildar,
Adidravidar Welfare Officer,
Thiruthani.
http://www.judis.nic.in
W.P.No.11541 of 2019
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(sra)
W.P.No.11541 of 2019
21.04.2021
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