M.Mani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition No.27111 of 2022

1. M.Mani

2. R.Tamilselvi ..

Petitioners Vs.

1. The District Collector Thiruvallur Collectorate Thiruvallur District 602 001.

2. The District Revenue Officer Thiruvallur Collectorate Thiruvallur District 602 001.

3. The Tahsildar Madhavaram Taluk Thiruvallur.

4. Devaraj

5. Muthuraman ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 3 for

removal of the illegal encroachment of the respondents 4 and 5 based on the representation made by the petitioner dated 15.07.2022. For the Petitioners : Mr.B.Govindaprabu For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) The writ petition has been filed seeking a direction to the official respondents to remove the encroachment made by the respondents 4 and 5 by considering the representation of the petitioners dated 15.07.2022.

2. According to the petitioners, they are the owners of the land in Survey Nos.124/1, 124/1A and 124/1B vide Document Nos.271 of 2007, of an extent of 0.32 cents and 0.33 cents bearing Patta Nos.12499 and 12517, vide Document Nos.272 and 271 of 2007 respectively. On the western side, the respondents 4 and 5 have encroached the land which was acquired by the Metro Water Department. Therefore, they have made a representation to the official

respondents on 15.07.2022 for removal of the encroachment. As it did not evoke any response, they have come up before this Court.

3. Though the petitioners claim that there is an encroachment in the public land by the respondents 4 and 5, they have not produced any material to substantiate their claim. In the absence of any material, the claim of the petitioners cannot be considered.

4. In view of the above, we do not find any merit in the writ petition. Accordingly, the writ petition fails and is dismissed. There will be no order as to costs. Consequently, WMP No.26330 of 2022 is also dismissed.

(T.R., ACJ.) (D.K.K., J.) 12.10.2022 Index : Yes/No kpl

To

1. The District Collector Thiruvallur Collectorate Thiruvallur District 602 001.

2. The District Revenue Officer Thiruvallur Collectorate Thiruvallur District 602 001.

3. The Tahsildar Madhavaram Taluk Thiruvallur.

T.RAJA, ACJ, and D.KRISHNAKUMAR,J (kpl) 12.10.2022