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Madras High CourtWP/21473/2023disposed of

B.Nandakumar v. The District Collector

2023-07-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU B.Nandakumar .. Petitioner Vs

1. The District Collector Tirupattur District, Tirupattur.

2.The Commissioner, Vaniyambadi Municipality, Vaniyambadi, Tirupattur District.

3.The Revenue Divisional Officer, Tirupattur Revenue Division, Collectorate Tirupattur, Thirupattur.

4.Nagalakshmi 5.Senbagavalli 6.Samraj 7.Govindasamy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India

seeking issuance of a writ of mandamus to direct the official respondents to remove the 4 to 7 respondents unauthorized construction.

For the Petitioner : Mr.B.Manoharan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.B.Manoharan, 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 to 3.

2. Learned counsel for the petitioner submits that the present writ petition is not filed in public interest. He had made a complaint that notice was issued against the unauthorised construction by respondents 4 to 7. The fourth respondent challenged the same. The writ petition was dismissed. However, the respondent

authorities have not taken action to remove the unauthorised construction.

3. The present petition is not filed in public interest. The rights of the petitioner are not affected. It is for the authorities to take action in accordance with law. In case the petitioner's right of easement is affected, the petitioner has a remedy before the civil court for declaration and consequential relief.

4. As the petitioner is not an aggrieved person, the writ petition is dismissed. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 21.07.2023 Index :

Yes/No Yes/No sasi

To:

1. The District Collector Tirupattur District, Tirupattur.

2.The Commissioner, Vaniyambadi Municipality, Vaniyambadi, Tirupattur District.

3.The Revenue Divisional Officer, Tirupattur Revenue Division, Collectorate Tirupattur, Thirupattur.

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

(sasi) 21.07.2023