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Madras High CourtWP/1452/2025dismissed

P.Vediappan v. The District Collector

2025-01-17Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN P.Vediappan ... Petitioner Vs.

1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer, Harur Division, Dharmapuri.

4.The Tahsildar, Harur Taluk, Dharmapuri District.

5.The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

6.Senthil Kumar 7.Muthukumar ... Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the fourth respondent to take action against the 6th and 7th respondents to remove the gate to the pathway comprised in S.No.459/1 situated at Bair Nayakkanpatti Village, Harur Taluk, Dharmapuri District based on the representation of the petitioner dated 23.12.2024 within a stipulated time as fixed by this Court.

For Petitioner : Mr.M.Selvam For Respondents : Ms.R.Anitha, Special Government Pleader for R1 to R5

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The mandamus as sought for in the present writ proceedings is not maintainable under Article 226 of The Constitution of India.

2. The dispute of civil nature is to be adjudicated by approaching the competent civil Court of law. Easementary right or any other right to be claimed by the petitioner is to be established with reference to the documents and evidences available on record. Petitioner is at liberty to approach the competent civil court of law to establish his right.

3. With the above observation, the writ petition is dismissed. There shall be no order as to costs.

[S.M.S., J.] [V.L.N., J.] Index: Yes/No 17.01.2025 mmi To 1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer, Harur Division, Dharmapuri.

4.The Tahsildar, Harur Taluk, Dharmapuri District.

5.The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

mmi 17.01.2025