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Madras High CourtWP/23559/2023disposed of

M.Munikrishnan v. The District Collector

2023-10-10Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Munikrishnan : Petitioner versus 1.The District Collector, Ranipet District 2.The Tahsildar, Sholinghur Town, Ranipet District 3.The Commissioner, Sholinghur Municipality, Siddhur Road, Sholingur, Ranipet District 4.Ponmudi 5.Thirumal : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the official respondents to remove the encroachments made by respondents 4 and 5 in Plot No.16, which is a public canal, located in Annamalai Nagar, Sholinghur Town, Ranipet District, based on the representation of the petitioner dated 15.03.2023.

For the Petitioner :

Mr.S.Kaithamalai Kumaran For Respondents 1 to3 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Kaithamalai Kumaran, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3.

2. It is alleged by the petitioner that respondents 4 and 5, who are owners of Plot No.16, have encroached on the water canal.

3. From the facts on record, the case put-forth by the petitioner cannot be substantiated. The petitioner may approach the third respondent with his grievance. It is for the third respondent to consider the construction permission granted and the manner of construction being done and take a decision in accordance with law, of course, after issuing notice to all the parties concerned.

4. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Ranipet District 2.The Tahsildar, Sholinghur Town, Ranipet District 3.The Commissioner, Sholinghur Municipality, Siddhur Road, Sholingur, Ranipet District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.10.2023