S.Kasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.30622 of 2022 S.Kasi ..
Petitioner v.
1. The District Collector Office of the Collectorate Dharmapuri District
2. The Revenue Divisional Officer Arur Revenue Divisional Office Dharmapuri District
3. The Tahsildar Pappireddypatti Taluk Office Dharmapuri District 636 905
4. Mr.Duraisamy S/o Mr.Kuppan
5. Mrs.Mallika W/o Mr.Duraisamy
6. Mr.Raji S/o Mr.Kuppayan
7. Mrs.Lakshmi W/o Mr.Raji ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to consider petitioner's representation dated 09.05.2022 and evict the encroachers in the pathway in H.Pudupatti Village Survey No.63/1B within a stipulated period that may be fixed by this Hon'ble Court.
For Petitioner ::
Mr.R.Balasubramanian For Respondents ::
Mr.P.Muthukumar State Government Pleader for R1 to R3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by Mr.S.Kasi under Article 226 of the Constitution of India seeking the following prayer:- "To issue a writ of mandamus, directing the
3rd respondent to consider petitioner's representation dated 09.05.2022 and evict the encroachers in the pathway in H.Pudupatti Village Survey No.63/1B within a stipulated period that may be fixed by this Hon'ble Court."
2. When the matter was taken up, Mr.P.Muthukumar, learned State Government Pleader appearing for the respondents 1 to 3, drawing our notice to the copy of the revenue register, submitted that the land covered in Survey No.63/1B situated in H.Pudupatti village belongs to one Pattadhar-Mr.Raji Gounder. Therefore, the writ petition cannot be maintained, as the petitioner has to approach only the competent civil Court, if he is aggrieved.
3. We also agree with the contentions made by the learned State Government Pleader appearing for the respondents 1 to 3. When the copy of the revenue register produced before us shows that the land covered in Survey No.63/1B situated in H.Pudupatti village belongs to one PattadharMr.Raji Gounder, the petitioner cannot maintain the writ petition. Therefore,
the writ petition is dismissed. It is for the petitioner to workout his remedy before the competent civil Court, if he is aggrieved. However, there shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 17.11.2022 ss To
1. The District Collector Office of the Collectorate Dharmapuri District
2. The Revenue Divisional Officer Arur Revenue Divisional Office Dharmapuri District
3. The Tahsildar Pappireddypatti Taluk Office Dharmapuri District 636 905
THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
ss W.P.No.30622 of 2022 17.11.2022