N.R.G.Rao v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Mr.N.R.G.Rao ..
Petitioner v.
1. The District Collector Krishnagiri
2. The Commissioner Hosur Municipality
3. The Thasildar
4. Mr.Venkatesan H/o Radha ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to take appropriate action in pursuant to the proceedings of the 1st
respondent in Na.Ka.4310/2023/A1 dated 13.10.2023, in which the 1st respondent directed the 2nd and 3rd respondents to take action on the unauthorized construction put up by the 4th respondent in S.No.876 situated at Raja Ganapathy Street, Chennathur Panchayat, Hosur Municipality, Hosur, Krishnagiri District.
For Petitioner ::
Mr.K.M.Mohamed Riyasath Ali for Mr.R.Subba Reddy For Respondents ::
Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 & R3 Mr.T.Balaji Standing Counsel for R2 R4-Service awaited
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner has filed this writ petition alleging that he is the owner of the subject property, in which the fourth respondent has encroached and put up unauthorized construction.
2. The learned standing counsel appearing for the second respondent, on instructions, submits that the property in which the petitioner as well the fourth respondent have put up construction, is the property of Tamil Nadu
Housing Board.
3. The petitioner has not produced any document to prove his ownership. The petitioner's case is that he is having possessory right. In such circumstances, this Court finds that there is no bona fides in the writ petition. Without impleading the paramount title holder of the property, the petitioner is trying to get relief, which would prejudice the rights of the real owner. Therefore, this writ petition is dismissed for want of bona fides and for not impleading the State Housing Board. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 06.06.2024 ss To
1. The District Collector Krishnagiri
2. The Commissioner Hosur Municipality
3. The Thasildar
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 06.06.2024