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Madras High CourtWP/27957/2019disposed of

V.Srinivasan v. State

2019-09-20Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.9.2019

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.27957 of 2019 V.Srinivasan Petitioner

Versus

1. State, rep. by the Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.

2. The District Collector, District Collector Office, Krishnagiri, Krishnagiri District 635 115.

3. The District Revenue Officer, District Revenue Office, Krishnagiri, Krishnagiri District 635 115.

4. The Revenue Divisional Officer, Revenue Divisional Office, Hosur, Krishnagiri District 635 109.

5. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District 635 109.

6. Balaji

7. Murugesh

8. Ravikumar

9. Karunanidhi Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing Respondents 1 to 5 herein to take appropriate action against Respondents 6 to 9 herein for removal of encroachment

made upon the temple land in Old Survey No.68, New Survey No.104/65, in Patta No.49, Thinnapalli-Soodapuram Village, Hosur Taluk, Krishnagiri District, on the basis of the Petitioner's representation dated 29.8.2019, within the time to be stipulated by this court.

For Petitioner : Mr.R.Bharath Kumar For RR1 to 5 : Mr.V.Jayaprakash Narayanan, Government Pleader

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, J.) The petitioner has approached this court seeking a mandamus directing Respondents 1 to 5 herein to take appropriate action against Respondents 6 to 9 herein for removal of encroachment made upon the temple land in Old Survey No.68, New Survey No.104/65, in Patta No.49, Thinnapalli-Soodapuram Village, Hosur Taluk, Krishnagiri District, on the basis of the Petitioner's representation dated 29.8.2019, within the time to be stipulated by this court.

2. On a perusal of the Revenue Records produced before us, it is clear that the land in Old Survey No.68, New Survey No.104/65, in Patta No.49, Thinnapalli-Soodapuram Village, Hosur Taluk, Krishnagiri District stands in the name of an individual viz., Subramani son of Chinnappa, which is said to have been encroached and the Petitioner has approached this Court seeking a direction to the Authorities to remove such encroachment.

3. In view of the fact that the land in question belongs to a private person, the question of considering the plea for removal of encroachment does not arise in a Writ Petition. It is for the parties concerned to approach the Civil Court to avail their remedy.

The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(insp.cell) //True Copy// Sub Assistant Registrar

ssk.

To:

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.

2. The District Collector, District Collector Office, Krishnagiri, Krishnagiri District 635 115.

3. The District Revenue Officer, District Revenue Office, Krishnagiri, Krishnagiri District 635 115.

4. The Revenue Divisional Officer, Revenue Divisional Office, Hosur, Krishnagiri District 635 109.

5. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District 635 109.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.81466 +1cc to The Government Pleader, S.R.No.81290 W.P.No.27957 of 2019 SV(CO) GN(18/10/2019)