Kothandaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.NO.24149 OF 2021 AND WMP.NO.25470 OF 2021 1.Kothandaraman 2.D.Dillibabu 3.Damodaran ... Petitioners Vs

1. The District Collector, Kancheepuram District, Kancheepuram

2. The Tahsildar, Walajabad Taluk, Kancheepuram District

3. Block Development Officer, Walajabad Taluk, Kancheepuram District

4. M/s.Motherson Sumi Systems Limited, Block-B, 2nd Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110 044 ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to conduct enquiry on the basis of complaint given by the petitioners dated 22.08.2021 within a time frame that may be fixed by this Court.

For Petitioners : M/s.R.Aparna For Respondents For R 1to 3 : Mr.Yogesh Kannadasan, Government Advocate

ORDER

This writ petition is filed to issue a Writ of Mandamus directing the respondents 1 to 3 to conduct enquiry on the basis of complaint given by the petitioners dated 22.08.2021.

2. The case of the petitioners is that the first and second petitioners, after demise of their father, had shares in the property comprised in survey No.215 to an extent of 0.95 cents and the first petitioner's brother was allotted 1.05 acres. They are residing there and cultivating the same. The third petitioner is having 49 cents of land in survey No.214 at Kottavakkam Village, Walajabad Taluk, Kancheepuram District. While being so, in the adjacent land, there is construction activity going on by the fourth respondent. Their construction is obstructing the pathway of the petitioners' land. If the fourth respondent is allowed to complete the construction of compound wall there, they will not be able to cultivate their land since there is no pathway to reach their land. Therefore, the petitioners submitted representation to the respondents 1 to 3 herein to take action as against the fourth respondent.

3. It is seen from the representation that the entire allegations are civil in nature against the fourth respondent. Therefore, the respondents 1 to 3 are nothing to do with the complaint lodged by the petitioners. Hence, this court finds no merits in this writ petition.

4. Accordingly, this writ petition is dismissed. However, the petitioners are at liberty to approach the civil court as against the fourth respondent in the manner known to law. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To

1. The District Collector, Kancheepuram District, Kancheepuram

2. The Tahsildar, Walajabad Taluk, Kancheepuram District

3. Block Development Officer, Walajabad Taluk, Kancheepuram District +1cc to the Government Pleader, S.R.No.58180 WP.No.24149 of 2021 SVI(CO) PM/01/12/2021