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Madras High CourtWP/10975/2022dismissed

Govindhan v. The District Collector

2022-06-06Honourable The Chief Justice,Honourable Mrs Justice N. Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.10975 of 2022 Govindhan ... Petitioner vs

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Tahsildar, Veppur Taluk Office, Cuddalore District.

3. Kolanji

4. Govindhan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment on the path way bearing Survey No.281 measuring about 100 meter length and 10 meter broad situated in Mangalore Village, Veppur Taluk, Cuddalore District.

For the Petitioner :Mr.M.Velmurugan For the Respondents :Mr.J.Ravindran, Addl. Adv. General Assisted by Mr.A.Selvendran Spl.G.P. for RR 1 and 2

ORDER

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(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the respondents to remove the encroachment on the pathway in S.No.281 measuring 100 meters length and 10 meters breadth at Mangalore Village, Veppur Taluk, Cuddalore District.

2. Photographs have been annexed along with the writ petition to show the encroachment as aforesaid. But, the learned counsel for the petitioner could not indicate or refer the encroachment from the photographs or otherwise. It is stated that pathway has been encroached to deny access to the petitioner to enter in his own land. But the photographs do not demonstrate the aforesaid rather a pathway seems to be existing with certain bushes close to it. But, that cannot be termed to be an encroachment and therefore, we find no ground to issue the direction of the nature sought by the petitioner. The writ petition is, accordingly, dismissed. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sra To:

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Tahsildar, Veppur Taluk Office, Cuddalore District.

+1cc to the Government Pleader, S.R.No.33215 [10/06/2022] W.P.No.10975 of 2022 jpl[co] srg 09/06/2022 https://hcservices.ecourts.gov.in/hcservices/