G.Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR G.Raja .. Petitioner Vs 1 The District Collector District Collector Office Cuddalore - 607 001.

2 The Commissioner Nellikuppam Municipality Nellikuppam, Cuddalore District - 607 105.

3 EID Parry India Limited No.138, Arungunam, Kuchipalayam Road Nellikuppam, Cuddalore District - 607 105.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to consider the representation of the petitioner dated on 24.08.2022 and direct the 2nd respondent to remove the encroachment.

For the Petitioner : Mr.J.Hari Krishna For the Respondents : Mr.P.Muthukumar State Government Pleader for 1st respondent Mr.G.B.Rajesh for 2nd respondent

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) G.Raja, son of Govindan, has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated on 24.08.2022 and direct the second respondent to remove the encroachment.

2. A perusal of the representation of the petitioner dated 24.8.2022 shows that the petitioner is relying on the proceedings of the second respondent dated 21.7.2022 to claim that the third respondent has put up encroachment. However, the proceedings of the second respondent dated 21.7.2022 shows that the second respondent has only forwarded the field maps in respect of certain survey numbers and there is no reference of any encroachment by the third respondent. That apart, no photograph of the alleged encroachment has been filed in the typed set of papers.

3. Learned counsel for the petitioner was unable to justify the averments made in the writ petition by producing any shred of material. No document whatsoever has been produced to show that the third respondent has put up encroachment. We, therefore, find no reason to entertain this writ petition. The writ petition is, accordingly, dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.K.K., J.) 21.11.2022 Index : No sasi To:

1 The District Collector District Collector Office Cuddalore - 607 001.

2 The Commissioner Nellikuppam Municipality Nellikuppam, Cuddalore District - 607 105.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

(sasi) 21.11.2022