← Library
Madras High CourtWP/22210/2023disposed of

S.Lalitha v. The State Of Tamil Nadu

2023-07-31Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Lalitha : Petitioner versus 1.The State of Tamil Nadu, rep. By its District Collector, Thiruvarur District.

2.The Headmaster, Panchayat Union High School, Needamangalam, Thiruvarur District 3.The Block Development Officer, Block Development Office, Needamangalam, Thiruvarur District 4.The Tahsildar, Needamangalam, Thiruvarur District 5.The President, Needamangalam Panchayat Union Needamangalam, Thiruvarur District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to remove all the illegal encroachment with the illegal construction on petitioner's property comprised in S.No.40/12 in Old Needamangalam village and Taluk, Thiruvarur District. For the Petitioner :

Mr.S.Balasubramanian

For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1, 3 and 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.S.Balasubramanian, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 and 4.

2. Learned counsel for the petitioner submits that the second respondent is encroaching upon the private property of the petitioner.

3. The petitioner maybe the owner of a particular property. Whether the encroachment exists or otherwise would be a matter of evidence. We do not have the measurement map also on record to even prima facie observe about the encroachment.

4. To protect her private property, the petitioner has a remedy before the civil Court. The petitioner may avail the remedy before the civil Court or such other forum as may be permissible under law. In

that event, all contentions are kept open.

5. The writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.21597 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index : Yes/No : Yes/No tar To:

1.The District Collector, Thiruvarur District. 2.The Headmaster, Panchayat Union High School, Needamangalam, Thiruvarur District 3.The Block Development Officer, Block Development Office, Needamangalam, Thiruvarur District 4.The Tahsildar, Needamangalam, Thiruvarur District 5.The President, Needamangalam Panchayat Union Needamangalam, Thiruvarur District

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

(tar) 31.07.2023