Madras High Court
S.Selvaraj vs The District Collector on 21 January, 2021
WP.No.1200 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.1200 of 2021
and W.M.P.No.1354 of 2021
S.Selvaraj .. Petitioner
-vs-
1.The District Collector,
Namakkal District, Namakkal.
2.The Revenue Divisional Officer,
Namakkal.
3.The Tahsildar,
Rasipuram Taluk, Rasipuram,
Namakkal District.
4.The Executive Officer,
Atthanoor Town Panchayat,
Atthanoor, Rasipuram Taluk,
Namakkal District.
5.The Superintendent of Police,
Namakkal District, Namakkal.
6.P.Yogesan .. Respondents
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
WP.No.1200 of 2021
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to direct the respondents 1 to 5
to maintain the South-North Pathway situate on the western side of
S.Nos.25/3A, 25/1C and 25/1A, Ayeepalayam Village, Atthanoor,
Rasipuram Taluk, Namakkal District, which is being used by the
Sasthiri Nagar residents to access their house from Main Road several
decades, without any hindrance or obstructions.
For Petitioner : Ms.N.V.Subhapriya
For Respondents : Mr.V.Jayaprakash Narayanan
State Government Pleader
for RR 1 to 5
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
In view of the judgment in N.Shanmugam's case (W.P.No.981 of
2021) passed on January 20, 2021, this writ petition may be disposed
of by requiring the respondent authorities to consider the petitioner's
representation in accordance with law and pass a speaking order
within six weeks from the date of this order.
https://www.mhc.tn.gov.in/judis/
WP.No.1200 of 2021
2.If the writ petitioner is aggrieved by the decision, the writ
petitioner may be entitled to approach this Court under Article 226 of
the Constitution.
3.It is reiterated that in a number of cases, private parties
complain of encroachment by some other private party and lodge
Public Interest Litigations therefor. A procedure has to be followed as
has been laid down in the judgment in N.Shanmugam (supra). Also,
the locus standi of the complainant has to be gone into. It is repeated
that the High Court should not deal with complaints of encroachment
on public land made by every complainant. At the same time, the
State should make every endeavour to ensure that public land is not
lost due to encroachment. Every effort should be made to remove all
encroachment on a revenue land, inter alia, by adopting a summary
procedure as recognised in the relevant Statute.
4.It is pertinent to record here that there is a notification issued
by the Government bearing G.O. (Ms.) No.540, Revenue (LD6(2))
Department, dated 04.12.2014, which should, by and large, be
adhered to before any complainant approaches the writ Court.
https://www.mhc.tn.gov.in/judis/
WP.No.1200 of 2021
With the above observations and without going into the merits of
the petitioner's representation, this writ petition, W.P.No.1200 of
2021, is disposed of. There will be no order as to costs.
Consequently, W.M.P.No.1354 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
21.01.2021
Index : Yes/No
sra
To
1.The District Collector,
Namakkal District, Namakkal.
2.The Revenue Divisional Officer,
Namakkal.
3.The Tahsildar,
Rasipuram Taluk, Rasipuram,
Namakkal District.
4.The Executive Officer,
Atthanoor Town Panchayat,
Atthanoor, Rasipuram Taluk,
Namakkal District.
5.The Superintendent of Police,
Namakkal District, Namakkal.
https://www.mhc.tn.gov.in/judis/
WP.No.1200 of 2021
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(sra)
W.P.No.1200 of 2021
21.01.2021
https://www.mhc.tn.gov.in/judis/
