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Madras High CourtWP/11846/2023dismissed

R.Appusamy v. The District Collector

2023-04-19Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

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 and W.M.P.No.11743 of 2023 R.Appusamy ...

Petitioner -Vs1.The District Collector Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer Avinashi, Tiruppur District.

3.The Thasildar Avinashi, Tiruppur District.

4.Land Revenue Inspector Sevur, Avinashi Taluk Tiruppur District.

5.The President Alathur Village Panchayat Tiruppur District.

6.The Village Administrative Officer Alathur Panchayat, Tiruppur District.

7. Sangavi W/o Eswaramoorthy

8. Sangavi W/o Saravanakumar ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 3 to 6 to take action against the 7th and 8th respondents who have encroached the Natham Poramboke in S.F.No.849/15 in Alathur Village, Avinashi Taluk, Tiruppur District by constructing building and to take appropriate action against any individual trying to obtain patta in the Natham Poramboke in S.F.No.849 of 2015 in Alathur Village, Avinashi Taluk, Tiruppur District by considering the petitioner's representation dated 05.09.2022.

For the Petitioner :

Mr.C.Ramaraj For the Respondents :

Mr.P.Muthukumar, State Government Pleader (for R1 to R6)

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 3 to 6 to take action against the respondents 7 and 8 who have encroached the Natham Poramboke in

S.F.No.849/15 in Alathur Village, Avinashi Taluk, Tiruppur District by constructing a building.

2. The present writ petition is not a public interest litigation, but has been filed in the individual capacity of the petitioner. That apart, a perusal of the revenue records show that the land in question in S.F.No.849/15 is a Natham Poramboke.

3. The writ petition is devoid of merits and therefore we are unable to entertain this writ petition. Accordingly, the writ petition fails and the same is dismissed. There will be no order as to costs. Consequently, WMP No. 11743 / 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 19.04.2023 Index : Yes/No : Yes/No kst

To 1.The District Collector Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer Avinashi, Tiruppur District.

3.The Thasildar Avinashi, Tiruppur District.

4.Land Revenue Inspector Sevur, Avinashi Taluk Tiruppur District.

5.The President Alathur Village Panchayat Tiruppur District.

6.The Village Administrative Officer Alathur Panchayat, Tiruppur District.

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

(kst) 19.04.2023