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Madras High CourtWP/4855/2022dismissed

Mr. C.Thavamani v. The Principal Secretary To Govt.

2022-03-04Honourable Mr Justice T.Raja,Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.No.4855 of 2022 C.Thavamani ... Petitioner vs 1.The Principal Secretary to Government, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Additional Secretary, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009.

3.The District Collector, Office of the Collectorate, Villupuram District, Villupuram 4.The Sub Collector, Office of the Sub Collector, Jaggampet, Tindivanam Town & Taluk, 5.The Tahsildar, Office of the Gingee Taluk Office, Gingee Taluk, Pin - 604 202, 6.The Zonal Deputy Tahsildar, Office of the Gingee Taluk Office, Gingee Taluk, Pin - 604 202, 7.The Revenue Inspector, Office of the R.I., Vallam Village & Post, Gingee Taluk.

8.The Firka Surveyor, Perumpuhai Village, Gingee Taluk Office Campus, Gingee Taluk, Pin 604 202, 9.The Village Administrative Officer, Office of the VAO., Perumpuhai Village, Gingee Taluk, Pin - 604 202.

10.The Inspector of Police (Law and order), Gingee Police Station, Gingee Taluk, Pin 604 202, 11.The Deputy Superintendent of Police, Office of the D.S.P., Thiruvannamalai Road, Gingee Town & Taluk, Pin 604 202, 12.The Assistant Executive Engineer, TNEB Office, Singavaram Road, Gingee Town & Taluk, Pin 604 202, 13.Archunan 14.Selvi 15.Janakiraman 16.Menaha 17.Muniyappan 18.M.Elavarasi 19.Murugan 20.Kasinathan 21.E.Balamurugan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to consider petitioner's representation dated 05.02.2022. For Petitioner :

Mr.P.Thirumalai

For Respondents :

Mr.A.Selvendran, Special Government Pleader for R1 to 11

ORDER

[Order of this Court was delivered by T.RAJA, J.] The petitioner has come to this Court for issuance of a writ of Mandamus seeking a direction to the respondents to consider the petitioner's representation dated 05.02.2022. 2.Learned counsel appearing for the petitioner submitted that respondents 13 to 20 are trying to make a palm leaf hut in the 'A' Schedule property, situated at Paracherry Malai from 25.06.2021 and trying to get E.B. connection to their hut from the 12th respondent. Since respondents 13 to 20 are obstructing the pathway of the petitioner and his family members, which was covered in S.Nos.93 to 97, the petitioner sent a representation dated 05.02.2022 to the respondents to make necessary eviction in the 'A' Schedule of property. As there was no response, the petitioner is before this Court for the above direction.

3.Learned Special Government Pleader, placing on record a letter dated 03.03.2022 addressed to him by the Revenue Tahsildar, Gingee, submitted that since O.S. No.126 of 2021 seeking permanent injunction restraining 1 to 11 defendants therein from disturbing the plaintiff's peaceful possession and using pathway in suit 'A' Schedule Property, situated at Paracherry Malai and other reliefs, filed by the petitioner was pending before the Principal District Munsif, Gingee, they could not remove the encroachments, said to have been made by some the encroachers.

4.Heard both sides.

5.When we have tried our level best repeatedly to find out the grievance of the petitioner in the affidavit filed by him, we able to see such a vague writ petition filed by him, without making any definite case in the affidavit. Therefore, we are unable to entertain this writ petition. Accordingly, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vga

To 1.The Principal Secretary to Government, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Additional Secretary, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009.

3.The District Collector, Office of the Collectorate, Villupuram District, Villupuram 4.The Sub Collector, Office of the Sub Collector, Jaggampet, Tindivanam Town & Taluk, 5.The Tahsildar, Office of the Gingee Taluk Office, Gingee Taluk, Pin - 604 202, 6.The Zonal Deputy Tahsildar, Office of the Gingee Taluk Office, Gingee Taluk, Pin - 604 202, 7.The Revenue Inspector, Office of the R.I., Vallam Village & Post, Gingee Taluk.

8.The Firka Surveyor, Perumpuhai Village, Gingee Taluk Office Campus, Gingee Taluk, Pin 604 202, 9.The Village Administrative Officer, Office of the VAO., Perumpuhai Village, Gingee Taluk, Pin - 604 202.

10.The Inspector of Police (Law and order), Gingee Police Station, Gingee Taluk, Pin 604 202,

11.The Deputy Superintendent of Police, Office of the D.S.P., Thiruvannamalai Road, Gingee Town & Taluk, Pin 604 202, Villupuram District.

12.The Assistant Executive Engineer, TNEB Office, Singavaram Road, Gingee Town & Taluk, Pin 604 202, Villupuram District.

+2 ccs to Mr.P.Thirumalai, Advocate Sr.NO. 14369 +1 cc to Government Pleader Sr.NO. 15046 W.P.No.4855 of 2022 spd(CO) A.SK(30/03/2022)