V.S.Babu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.8536 of 2019 V.S.Babu .. Petitioner Vs 1 The District Collector Thiruvallur District Thiruvallur - 602 001.
2 The District Revenue Officer Collectorate Campus Thiruvallur - 602 001.
3 The Tahsildar Office of the Tahsildar Chennai - 600 056.
4 The Assistant Director of Panchayat Thiruvallur District Thiruvallur - 602 001.
5 The Executive Engineer Water Resource Organization Public Works Department Kosathalaiyar Basin Division Thiruvallur - 602 001.
6 The Commissioner Thiruverkadu Municipality Chennai - 600 077.
7 A.Sankar .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 2 to remove the intrusion made by respondents 6 and 7 in petitioner's patta land in Veeraraghavapuram Village in Survey
Nos.2/1A1A and 2/1A1B, Poonamallee Taluk, Thiruvallur District, considering petitioner's representation dated 14.02.2019 within a period stipulated time.
For Petitioner : Mr.G.J.Baskar Narayan For Respondents : Mr.S.N.Parthasarathi Government Advocate for respondents 1 to 5 Mr.R.Mohandoss for 6th respondent No appearance for 7th respondent
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of mandamus directing respondents 1 to 2 to remove the intrusion made by respondents 6 and 7 in petitioner's patta land in Veeraraghavapuram Village in Survey Nos.2/1A1A and 2/1A1B, Taluk, Thiruvallur District, considering petitioner's representation dated 14.02.2019 within a time frame.
2. Since the petitioner's prayer is with regard to his own property in Survey Nos.2/1A1A and 2/1A1B, stating that respondents 6 and 7 have encroached, the remedy open to the petitioner is not to file a writ petition under Article 226 of the Constitution of India and the remedy is only before a competent Civil Court.
In such view of the matter, we are not inclined to entertain the writ petition and, accordingly, the writ petition is dismissed. No costs. Consequently, W.M.P.No.9052 of 2019 is closed.
Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar sasi
To:
1 The District Collector Thiruvallur District Thiruvallur - 602 001.
2 The District Revenue Officer Collectorate Campus Thiruvallur - 602 001.
3 The Tahsildar Office of the Tahsildar Chennai - 600 056.
4 The Assistant Director of Panchayat Thiruvallur District Thiruvallur - 602 001.
5 The Executive Engineer Water Resource Organization Public Works Department Kosathalaiyar Basin Division Thiruvallur - 602 001.
The Commissioner, Thiruverkadu Municipality, Chennai - 77 +1 cc to Mr.G.J.Baskar Narayanan, Advocate, S.R.No.65409 +1 cc to Mr.R.Mohandoss, Advocate, S.R.No.64889 +1 cc to the Government Pleader, S.R.No.65490 W.P.No.8536 of 2019 PM(CO) SSM(26/08/2019)