← Library
Madras High CourtWP/18239/2016dismissed

V.Murali Raj, v. The District Collector,

2022-12-22Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.15970 of 2016 V.Murali Raj

...Petitioner

Vs.

1.The District Collector Salem District at Salem 2.The Tahsildar Attur Taluk Salem District 3.The President Yethapur Town Panchayat Santhai Pettai, Attu Taluk Salem District 4.M.Sivakumar ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus forbearing the respondents 1 to 3 not to construct any small over bridge or lay any road or pathway in the

petitioner's peaceful possession and enjoyment of the property situated in survey Nos.301/5-19 cents, 289/3-1 acre 31 cents, 289/4-93 cents, 289/9 - 25 cents, 301/6-33 cents, 302/8-34 cents, 302/9-76 cents and 301/7-28 cents by totally 3 acres 49 cents situated at Yethapur village, Pethanaicken Palayam Sub Registration, Attur Taluk, Salem District except due process of law.

For Petitioner : No Appearance For Respondents : Mr.K.M.D.Muhilan, AGP for R1 to 3 Mr.V.R.Annagandhi for R4

O R D E R

Writ petition is filed seeking to issue a Writ of mandamus forbearing the respondents 1 to 3 not to construct any small over bridge or lay any road or pathway in the petitioner's peaceful possession and enjoyment of the property situated in survey Nos.301/5-19 cents, 289/3-1 acre 31 cents, 289/4-93 cents, 289/9 - 25 cents, 301/6-33 cents, 302/8-34 cents, 302/9-76 cents and 301/7-28 cents by totally 3 acres 49 cents situated at Yethapur village, Pethanaicken Palayam Sub Registration, Attur Taluk, Salem District except due process of law.

The pleadings in the petition indicate only private dispute and

claiming right over the property. In such view of the matter, as the disputed facts involved the Writ Petition is not maintainable. Accordingly, dismissed. No costs. Consequently, connected Writ miscellaneous petition is closed.

22.12.2022 kpr Internet:Yes Speaking/non-speaking order To 1.The District Collector Salem District at Salem 2.The Tahsildar Attur Taluk Salem District 3.The President Yethapur Town Panchayat Santhai Pettai, Attu Taluk Salem District

N. SATHISH KUMAR, J.

kpr & W.M.P.No.15970 of 2016 22.12.2022