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Madras High Court/42161/2025dismissed with cost

R.Sellapandiyan v. The District Collector

2025-11-125 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN R.Sellapandiyan S/o.Ramasamy Mela Street, Managethi Village Petitioner Vs 1.The District Collector Ariyalur 2.The Revenue Tahsildar Jayamkondam 3.The Tahsildar 4.The Superintendent of Police Ariyalur District Police Office Ariyalur

5.Kolanjiyappan S/o.Ranganathan, Managethi Village and Post, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent 1 to 4 to remove the encroachment made by the 5th respondent in Managethi Village, Survey No.60/12 - 31 cents Udayarpalayam Taluk, Ariyalur District on the basis of the petitioner's representation dated 16.09.2024 and 30.01.2025.

For Petitioner:

Mr.A.E.Kalaiselvan For Respondents:

Mr.K.Karthik Jagannath, Government Advocate for respondent Nos.1 to 3 Mr.R.Muniyapparaj Additional Public Prosecutor for respondent No.4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. The prayer for issuance of mandamus, through public interest litigation, at the instance of the petitioner, is liable to be rejected at threshold.

3. It has not been disclosed in the petition, but during the course of hearing, it is found that similar relief was sought by one R.Ramasamy, represented through the same counsel, and that writ petition was disposed of on 2.1.2023. Thereafter, enquiry was made and the District Collector passed an order on 11.4.2023 rejecting the representation. The private respondent had also filed civil suit, which has been dismissed.

4. Be that as it may, at the instance of the present petitioner, we are not inclined to examine the issue, more so, when the order passed by the District Collector on 11.4.2023 is not in challenge.

5. The writ petition is dismissed with costs of Rs.25,000/- [Rupees Twenty Five Thousand only] payable by the petitioner to Puducherry Legal Services Authority, within a period of one month from today.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 12.11.2025 Index :

Yes/No :

Yes/No bbr To:

1.The District Collector Ariyalur 2.The Revenue Tahsildar Jayamkondam 3.The Tahsildar 4.The Superintendent of Police Ariyalur District Police Office Ariyalur

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 12.11.2025