K.Jeyaraman v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.7807 of 2015 K. Jeyaraman Petitioner vs.

The Block Development Officer/ Commissioner Villivakkam Panchayat Union Ambattur Chennai 600 053 Venkatesan Anjaneyar Koil Street Palavedu Chennai 600 055 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose of the written representation made by the petitioner on 10.02.2015 on merits within a stipulated time. For petitioner Mr T.E. Badrinath for Mr.C.Prakasam For R1 Mr. D. Suryanarayanan Government Advocate

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) By this writ petition, the petitioner seeks a relief against the second respondent, who has allegedly encroached his property. In this respect, the petitioner has made a representation to the first respondent on 10.02.2015 to take appropriate action for removal of encroachment from his land.

On examination of documents, it is seen that disputed facts between the parties are involved. In fact, the relief sought by the https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot be redressed by the first respondent. The actual relief is being claimed against the second respondent, who is a private party. Thus, no writ petition under Article 226 of the Constitution of India is maintainable.

In the result, this writ petition is dismissed. No costs. However, the petitioner is at liberty to take recourse to the competent jurisdictional Civil Court, if so advised. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ra To The Block Development Officer/ Commissioner Villivakkam Panchayat Union Ambattur Chennai 600 053 1 cc to Mr.C.Prakasam ,Advocate, SR.No.15898 1 cc to Government Pleader,Sr.No15651 W.P. No.7807 of 2015 gj(co) pmk.10.4.2015 https://hcservices.ecourts.gov.in/hcservices/