S.Manickam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.S.Manickam 2.L.Chandrasekaran ...

Petitioners -Vs1.The District Collector Namakkal Taluk Namakkal.

2.The Tahsildar Rasipuram Taluk Namakkal District.

3.M.Jayakumar ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st and 2nd respondents to initiate action on the petitioner representation dated 02.03.2023 for removal of the encroachments made by the 3rd respondent only with ulterior motive to cause hindrance and to avoid use of the said

pathway by the petitioner as well as the general public in Survey No.127/3A of Sowthapuram Village, Rasipuram Taluk, Namakkal District within a time frame to be fixed by this Hon'ble Court. For the Petitioner :

Mr.K.A.Mariappan For the Respondents :

Mr.P.Muthukumar, State Government Pleader (for R1 and R2)

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to initiate action against the third respondent who has made encroachment in the pathway situated in Survey No.127/3A, Sowthapuram Village, Rasipuram Taluk, Namakkal District.

2. Learned State Government Pleader appearing on behalf of the official respondents has produced the revenue records, which shows that the land in question is a Patta land belonging to one Kandappa Gounder.

3. Hence, this Court unable to entertain the writ petition as the prayer sought for by the petitioner is misconceived. Accordingly, the writ petition fails and the same is dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 19.04.2023 Index : Yes/No 1/2 : Yes/No kst To 1.The District Collector Namakkal Taluk Namakkal.

2.The Tahsildar Rasipuram Taluk Namakkal District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(kst) 19.04.2023