Indian Union Muslim League v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Indian Union Muslim League Vaniyambadi Town Wing Rep. by its Secretary, Gundu Mohamed Faizan .. Petitioner

Versus

1. The District Collector, Tiruppathur District, Collector Office, Tiruppathur - 635 601.

2. The Thasildar, Taluk Office, Vaniyambadi - 635751,

3. The Assistant Engineer, Public Works Department, Vaniyambadi - 635752.

4. The Municipal Commissioner, Municipal Office, Vaniyambadi - 635752, 1/5

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to take immediate steps on war foot level to remove the encroachment adjacent to the petitioner's property comprised at Vaniyambadi Town Jamath Road, Noorullahpet Ward - E, Block - 19 vide Survey No.506, 74. For Petitioner : Mr.B.Ram Prasath For Respondents : Mr.P.Muthukumar, State Government Pleader

ORDER

D.BHARATHA CHAKRAVARTHY, J.

This Writ Petition is filed for a Mandamus directing the respondents to take immediate steps to remove the encroachment adjacent to the petitioner's property, comprised at Vaniyambadi Town, Jamath Road, Noorullahpet, Ward - E, Block - 19 in Old Survey No.506, Town Survey No.74.

2. When the Writ Petition came up for hearing, Mr.P.Muthukumar, learned State Government Pleader submitted a copy of his written instructions along with a copy of the Town Survey Register, in which, the 2/5

Town Survey No.74, Old Survey No.506, is shown as "manai" belonging to a private society namely, one Anjuman Society, by its administrator.

3. In that view of the matter, no Mandamus would lie to remove the encroachment in a private property and accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 03.01.2023 Index : yes/no Speaking order : yes/no grs To

1. The District Collector, Tiruppathur District, Collector Office, Tiruppathur - 635 601.

2. The Thasildar, Taluk Office, Vaniyambadi - 635751,

3. The Assistant Engineer, Public Works Department, Vaniyambadi - 635752.

3/5

4. The Municipal Commissioner, Municipal Office, Vaniyambadi - 635752, T.RAJA, ACJ., AND D.BHARATHA CHAKRAVARTHY, J., grs 4/5

03.01.2023 5/5