Madras High CourtWP/6511/2015dismissed

P.K.Chandran, v. The District Collector,

2015-03-10Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-03-2015

CORAM

THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No.6511 of 2015 P.K.Chandran .. Petitioner vs 1.The District Collector Sathuvatchari, Vellore 2.The Additional Collector Tirupattur, Vellore District 3.The Tahsildar Tirupattur Taluk, Vellore District 4.The Village Administrative Officer Rachamangalam Village Tirupattur Taluk, Vellore District 5.The President Thimmamathur Village 6.Settu 7.Marimuthu 8.Sampath 9.Mani 10.Amsa 11.Rajathi 12.Selvam .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 17.9.2014, in respect of removal of encroachment in Survey No.314/1, adjacent to the petitioner's property at Rajamangalam Village, Tirupattur Taluk, Vellore District.

For Petitioner : Mr.I.Paul Noble Devakumar For Respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for RR1 to 4

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) On perusal of the pleadings as well as the documents annexed hereto, it appears that there is a private dispute between the petitioner and other private parties. According to the petitioner, the private respondents by making encroachment on the land belonging to him, had caused hindrance to his ingress and egress to the property. The facts involved herein, are disputed. As per the submission of the learned Counsel for the petitioner, the private respondents have been in possession for the last more than 10 years. 2.In view of the foregoing, without going into the merits of the case, we dismiss the writ petition as not maintainable, reserving liberty to the petitioner to take recourse to competent jurisdictional Civil Court, if so advised and permissible under law. No costs.

Sd/- Assistant Registrar / True copy / Sub Assistant Registrar nsv To:

1.The District Collector Sathuvatchari, Vellore 2.The Additional Collector Tirupattur, Vellore District 3.The Tahsildar Tirupattur Taluk, Vellore District 4.The Village Administrative Officer Rajamangalam Village Tirupattur Taluk, Vellore District

5.The President Thimmamathur Village +1 cc to M/S.J.PAUL NOBLE DEVAKUMAR, Advocate SR.13448 +1 cc to the Government Pleader, High Court, Chennai-104 S.R.13549 W.P.No.6511 of 2015 MP(CO) JK 25/03/15