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2022 DIGILAW 389 (MAD)

Duraisamy v. District Collector, Salem

2022-02-11

D.BHARATHA CHAKRAVARTHY, MUNISHWAR NATH BHANDARI

body2022
JUDGMENT : Munishwar Nath Bhandari, J. (Prayer: Petition filed under Article 226 of the Constitution of India, praying for a writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 24.12.2021 and construct the cement Kalam in the Government land for the purpose of the agriculturist for their harvest grains.) 1. The writ petition has been filed for a direction to the first respondent to consider the representation made by the petitioner on 24.12.2021 for the construction of cement floor in the Government land for the purpose of drying the harvested grains by the agriculturists. 2. Learned counsel for the petitioner submits that in the absence of cement floor, agriculturists in that area are unable to dry the harvested grains and therefore, the present representation was given by the petitioner, after obtaining signatures from the agriculturists in and around their area. Accordingly, he prays for a direction to the first respondent in this regard. 3. Learned Government Pleader submits that the petitioner, apart from three other persons, has encroached the Government land. Apprehending action for removal of the encroachment under the provisions of Tamil Nadu Land Encroachment Act, 1905, the present petition has been filed. It is stated the cement floors are not used for the purpose of drying the harvested grains, as, nowadays, it is being done by mechanical process. All the cement floors earlier constructed are not being used, rather, encroachments have been made. Thus, there is no substance in the representation. 4. We have considered the rival submissions and perused the records. 5. The representation has been made by the petitioner for a direction to construct cement floors. It is, however, informed by learned Government Pleader that the petitioner, apart from others, are encroachers on the government land, as per the survey conducted recently. Thus, they intend to proceed as per the provisions of the Tamil Nadu Land Encroachment Act, 1905, to remove the encroachments. The writ petition has been designed to seek a direction of the nature referred to above to save them from an action to remove the encroachment. On record, there is nothing to substantiate the prayer made by the petitioner. However, since the petitioner has made a representation, it is for the Government to appropriately consider the same. The writ petition has been designed to seek a direction of the nature referred to above to save them from an action to remove the encroachment. On record, there is nothing to substantiate the prayer made by the petitioner. However, since the petitioner has made a representation, it is for the Government to appropriately consider the same. For that reason, the Government should not stop taking action to remove the encroachments, rather would proceed in accordance with the provisions of the Act. 6. The writ petition is disposed of accordingly. There will be no order as to costs.