V.Ramamoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA V.Ramamoorthy .. Petitioner Vs 1 The District Collector District Collectorate Krishnagiri District - 635 001.

2 The Revenue Divisional Officer Hosur Taluk, Krishnagiri District.

3 The Tahsildar Hosur Taluk, Krishnagiri District.

4 Muthupaiyan 5 M.Kandasamy 6 Rathinam 7 Arun 8 Shivarajan 9 Murali @ Murali Reddy 10 Channa Reddy .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents 1 to 3 to take

necessary action based on the petitioner's representation dated 04.10.2021 and remove the encroachment made by the respondents 4 to 10 in cart track cum pathway in Survey Nos.737, 738 and 739 in Nallur Village, Hosur Taluk, Krishnagiri District. For the Petitioner : Mr.E.Viswanathan For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed to seek a direction on the respondents 1 to 3 to take action on the representation made by the petitioner on 04.10.2021 and to remove the encroachment made by the respondents 4 to 10 in the cart track cum pathway in Survey Nos.737, 738 and 739 in Nallur Village, Hosur Taluk, Krishnagiri District.

2. The photographs on record do not show the encroachment as such in the land in question and otherwise we find few pillars

erected therein. No development has been made on the open land so as to prove the encroachment. It otherwise remains a question of fact and cannot be determined exercising jurisdiction under Article 226 of the Constitution of India.

3. In view of the above, we are not inclined to entertain the writ petition and it is accordingly dismissed. However, if the petitioner wants to determine the question of facts, he would be at liberty to avail it before an appropriate forum. There will be no order as to costs.

(M.N.B., CJ.) (N.M., J.) 06.07.2022 Index : Yes/No bbr To:

1 The District Collector District Collectorate Krishnagiri District - 635 001.

2 The Revenue Divisional Officer Hosur Taluk, Krishnagiri District.

3 The Tahsildar Hosur Taluk, Krishnagiri District.

THE HON'BLE CHIEF JUSTICE AND N.MALA,J.

bbr 06.07.2022