M Bhuvaneswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.16177 of 2021 M.Bhuvaneswari ... Petitioner Vs

1. The District Collector, Collector Office, Ranipet, Ranipet District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Arakkonam, Ranipet District.

3. The Tahsildar, Nemili Taluk Office, Nemili, Ranipet District.

4. The Sub Inspector of Police, Nemili Police Station, Nemili, Ranipet District.

5. N.Raja Manickam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance a Writ of Mandamus, directing the respondents 1, 2 and 3 to conduct enquiry on the Petitioner's representation dated 10.06.2021 and consequently direct the Respondents 1, 2 and 3 to pass appropriate orders to removal of encroachment of 5th respondent as per the law. For Petitioner : Mr.K.R.Gunashekar.

For Respondents : Mr.P.Balathandayutham, State Government Counsel for R1 to R4.

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.The Petitioner has come before this Court seeking for a direction to the respondents 1, 2 and 3 to conduct enquiry on the Petitioner's representation dated 10.06.2021. 3.Heard Mr.K.R.Gunashekar, Learned Counsel for the Petitioner and Mr.P.Balathandayutham, Learned State Government Counsel appearing for the Respondents 1 to 4. 4.It is evident from the records that there is a civil dispute between the Petitioner and the Fifth Respondent in respect of the property comprised in S.No.101 at Kariyakudal, Nemili Taluk, Ranipet District wherein the Fifth Respondent is said to have encroached upon the said property. It is purely a civil dispute for which Article 226 of the Constitution of India cannot be invoked.

5.With the above observations, this Writ Petition is dismissed with a liberty to the Petitioner to approach the concerned Civil Court. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar ay To

1. The District Collector, Collector Office, Ranipet, Ranipet District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Arakkonam, Ranipet District.

3. The Tahsildar, Nemili Taluk Office, Nemili, Ranipet District.

4. The Sub Inspector of Police, Nemili Police Station, Nemili, Ranipet District.

+1cc to the Government Pleader, S.R.No.38800 W.P.No.16177 of 2021 SPD(CO) SU(26/08/2021)