Madras High CourtWP/34188/2024disposed of

M.Kumaran v. The District Collector,

2024-12-05Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2024

CORAM:

THE HONOURABLE MR. K.R. SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P. No.34188 of 2024 and W.M.P. No.37011 of 2024 M. Kumaran Petitioner Vs.

The District Collector District Collector Office Dharmapuri District 636 705 The Tahsildar Dharmapuri Taluk Office Dharmapuri District 636 701 The Block Development Officer Block Development Office Dharmapuri District 636 701 The President Village Panchayat Office Mookkanur Village Dharmapuri District 635 202 5.

D. Madhammal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove 1/4

the encroachment and illegal construction being carried out by the fifth respondent in Survey No.147/2 and 119/180 of Mookkanur Village, Dharmapuri Taluk and District admeasuring to an extent of 367.2 sq. ft. by encroaching on the public road and contravention of the laws. For petitioner Mr. S. Vijayakumar for Mr. K. Sakthivel For RR 1 to 4 Mr. A. Edwin Prabakar State Government Pleader assisted by Mr. Karthik Jeganath Government Advocate

ORDER

(made by The Hon'ble Chief Justice) This is another case where a private dispute is brought to the Court as public interest litigation.

The petitioner is upset with his neighbour, viz., respondent no.5, and alleges that respondent no.5 is putting up an illegal construction on a public land. According to the petitioner, respondent no.5 has encroached on public land.

2/4

Mr. Prabakar tenders a status report dated 28.11.2024 of one Mr.K.Shanmugasundaram, Tahsildar (respondent no.2), in which it is stated that there is no encroachment and respondent no.5 has personally appeared and given an assurance that no encroachment will be made on the public pathway. Mr. Prabakar also states that if any encroachment is made on public land, it shall be removed.

In view of the status report and the statement made by Mr.Prabakar, petition is disposed of with a caution to the petitioner that if he has any dispute with his neighbour, he will file a civil suit and not approach this Court by way of public interest litigation and next time, the petitioner may be saddled with substantial costs. No costs. Consequently, connected interim application stands closed.

(K.R. SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY, J.) 05.12.2024 Index :

Yes/No :

Yes/No cad 3/4

THE HON'BLE CHIEF JUSTICE and SENTHILKUMAR RAMAMOORTHY, J.

cad To 1.