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Madras High CourtWP/24653/2022dismissed

E.Raju v. The District Collector

2022-09-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN E.Raju .. Petitioner Vs

1. The District Collector, Collectorate, Tiruvannamalai - 606 604.

2. The District Superintendent of Police, District Superintendent of Police Office, Tiruvannamalai - 606 604.

3. The Sub-Inspector of Police, Arani Taluk, Tiruvannamalai - 632 301.

4. S.Ravi .. Respondents Prayer :- Writ Petition filed under Section 226 of the Constitution of India to issue a WRIT ORDER OR DIRECTION in the nature of a WRIT OF MANDAMUS directing the Respondents 1 to 3 to consider the petitioner's representation dated 07.08.2022 and 08.08.2022 and to investigate the same in an impartial manner.

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For Petitioner : M/s. C.Jaya Chithra For Respondents For R1 to R3 : Mr.S.Santhosh Govt Advocate (Crl.Side) For R4 : No appearance

O R D E R

This Writ petition has been filed to direct the Respondents 1 to 3 to consider the petitioner's representation dated 07.08.2022 and 08.08.2022 and to investigate the same in an impartial manner.

2. On perusal of the representation dated 08.08.2022 revealed that the petitioner approached the second respondent to issue direction to remove the Bore put up by the fourth respondent in the disputed land. However, the police authority is not the competent person to issue direction to remove the Bore, when Suit for declaration is pending. Hence, the Writ Petition is not maintainable.

3. Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the concerned Civil Court for appropriate relief.

13.09.2022 Index:Yes/No Speaking/Non speaking order Sma 2/4

To

1. The District Collector, Collectorate, Tiruvannamalai - 606 604.

2. The District Superintendent of Police, District Superintendent of Police Office, Tiruvannamalai - 606 604.

3. The Sub-Inspector of Police, Arani Taluk, Tiruvannamalai - 632 301.

4.The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN. J, Sma W.P.No. 24653 of 2022 13.09.2022 4/4