Madras High CourtWP/20749/2023disposed of

V.Murugesan v. The District Collector

2023-07-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.MURUGESAN .. Petitioner Vs 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR SALEM - 636 001.

2 THE REVENUE TAHSILDAR OFFICE OF THE REVENUE TAHSILDAR SALEM - 636 010.

3 S.MANIMURUGAN 4 M.DEIVAM .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to remove the illegal encroachment of the 3rd and 4th respondents in S.No. 169/A, 2B land in No.27 situated at Periyakavundapuram Village of Salem District with the provisions of Town and Country Planning Act and TamilNadu Panchayat Building

Rule, 1997 on the basis of petitioner's representation dated 27.03.2023 within a stipulated time.

For the Petitioner : Mr.M.Anantharaj For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Anantharaj, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 and 2.

2. The prayer is made to remove the encroachment of respondents 3 and 4 in Survey No.169/A, 2B in No.27, situated at Periyakavundapuram Village of Salem District.

3. Learned counsel for the petitioner submits that the property owned by the petitioner and the common pathway exist in the writ

land. The encroachment is made by respondents 3 and 4.

4. The dispute appears to be over the private property of the persons. If the dispute is with regard to the private property, the writ petition would not be tenable. The petitioner has a remedy before the civil court. He may avail the remedy before the civil court or before the authority as may be permissible under law. In that event, all contentions are kept open.

The writ petition is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.07.2023 Index :

Yes/No Yes/No sasi To:

1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR SALEM - 636 001.

2 THE REVENUE TAHSILDAR OFFICE OF THE REVENUE TAHSILDAR SALEM - 636 010.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi) 14.07.2023