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Madras High CourtWP/21492/2015dismissed

Jeyanthi v. The State

2022-03-07Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ WP NO.21492 OF 2015 AND MP NO.1 OF 2015 Jeyanthi ... Petitioner Vs.

1. The State rep. by Home Department Secretary to Government Government of Tamil Nadu Secretariat, Fort St. George, Chennai.

2. The District Collector District Collector Office Erode District.

3. Sethuraj The Thasildhar, Sathiyamangalam Taluk, Erode District

4. Kumraguru Revenue Inspector, Sathiyamangalam, Erode District.(Incharge Alathukombai village),

5. Velliangiri Village Administrative Officer, Alathukombai Village, Sathiyamangalam, Erode District.

6.O.K.Senniyappan 7.Chidamparam 8.Ramasamy 9.Maran 10.Periyapazhani ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take suitable action against respondents 3 to 5 for having illegally assisted the respondents 6 to 10 to https://hcservices.ecourts.gov.in/hcservices/

demolish the petitioner's house on 03.06.2015 and consequently direct the respondents 1 to 5 to restore the petitioner's house. For Petitioner : Mr.R.Thirumoorthy For Respondents 1 & 2 : Mr.Tippu Sultan Government Advocate

O R D E R

The writ petition revolves around the factual disputes with regard to encroachment of Government property and the consequential demolition done by the Government following issuance of notice. Factual disputes cannot be agitated under Article 226 of the Constitution of India before this Court. Therefore, the writ petition is dismissed as not maintainable. It is open to the petitioner to work out her remedy before the appropriate forum. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar TK To

1. The Secretary to Government Home Department Government of Tamil Nadu Secretariat, Fort St. George, Chennai.

2. The District Collector District Collector Office Erode District.

+1cc to the Government Pleader, S.R.No.15887 WP NO.21492 OF 2015 NRJK(CO) CT 23/03/2022 https://hcservices.ecourts.gov.in/hcservices/