Madras High CourtWP/5893/2023dismissed

V.Dhanasekaran v. The Secretary

2023-02-28Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Dhanasekaran .. Petitioner Vs 1 The Secretary Revenue Department, St. George Fort Secretariat, Chennai - 09.

2 The District Collector Office of the District Collectorate Villupuram District, Villupuram.

3 The Sub Collector Office of the Sub Collectorate Jaggampet, Tindivanam Town and Taluk Villupuram District.

4 The Tahsildar Office of the Taluk Office Gingee Taluk - 604 202 Villupuram District.

5 The Revenue Inspector Office of the Revenue Inspector Sathiyamangalam Village, Gingee Taluk Villupuram District.

6 The Firka Surveyor Office of the Surveyor Gingee Taluk Office Campus Gingee Town - 604 202.

7 The Village Administrative Officer Office of the VAO, Nallanpillaipetral Village Gingee Taluk, Villupuram District.

8 Manokar 9 Senthamil Selvi 10 Jayalakshmi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 4th respondent to consider the petitioner's representation dated on 12.11.2022. For the Petitioner : Mr.S.P.Thirumalai For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 7

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) V.Dhanasekaran, son of Vardhan, a resident of No.1/201, Palla Street, Nallanpillaipetral Village, Gingee Taluk, has filed this writ petition for issuance of a writ of mandamus directing the fourth

respondent to consider the petitioner's representation dated 12.11.2022.

2. A perusal of the representation dated 12.11.2022 shows that the petitioner has sought for removal of encroachments made by respondents 8 to 10 in Survey No.420/6. In the said representation, the petitioner has also stated that he had filed a civil suit in O.S.No.92 of 2022 before the Additional District Munsif Court, Gingee for permanent injunction against respondents 8 to 10 restraining them from digging a pit in Survey No.420/6 (public pathway) for construction work.

3. Since the petitioner has already filed a civil suit in O.S.No.92 of 2022 before the Additional District Munsif Court, Gingee arraying respondents 8 to 10 herein as defendants 1 to 3 in respect of Survey No.420/6, the present writ petition filed by the petitioner for removal of encroachment in the same Survey No.420/6 is not maintainable.

4. The writ petition is dismissed. However, liberty is granted to the petitioner to work his remedy in the aforesaid pending suit. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 28.02.2023 Index :

Yes/No Yes/No bbr

To:

1 The Secretary Revenue Department, St. George Fort Secretariat, Chennai - 09.