Madras High CourtWP/4829/2022disposed of

P.Kanniappan v. The District Collector

2023-11-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Kanniappan ..

Petitioner Vs.

1. The District Collector Dharmapuri District.

2. The Tahsildar Palacode Taluk Palacode, Dharmapuri District.

3. The Inspector of Police Palacode Police Station Dharmapuri District 636 808.

4. The Deputy Superintendent of Police Land Grabbing Cell Dharmapuri District.

5. The Superintendent of Police Dharmapuri District.

6. C.Maadhu ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the respondents for removal of the illegal encroachments in Survey No.712/2, Jarthalav Village, Palacode Taluk, Dharmapuri District with police protection as per the report of the Tahsildar, Palacode Taluk in proceedings No.Na.Ka.1175/2021/a1 dated 22.07.2021 issued under Section 145 of Cr.P.C.

For the Petitioner : Mr.R.Manimuthu For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 5 Mr.Avinash Wadhwani for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Manimuthu, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 5 and Mr.Avinash Wadhwani, learned counsel for the sixth respondent.

2. Learned counsel for the petitioner submits that the Tahsildar has passed an order under Section 145, Cr.P.C. However, the official

respondents are not implementing the said order.

3. Learned State Government Pleader submits that the land in S.No.712/2 is not a government land/public property.

4. Learned counsel for the petitioner submits that the lands in S.No.712/2 is owned by the petitioner.

5. In that case, it is a private dispute between the petitioner and the sixth respondent in respect of a private property.

6. It is for the petitioner to approach the civil Court or such other forum as may permissible under law, for redressal of his grievance. Accordingly, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 02.11.2023 Index :

Yes/No :

Yes/No

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