S.Govindarajulu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Govindarajulu S/o.Sreeramalu ... Petitioner Vs.
1.
The District Collector Tiruvallur Collectorate Office Tiruvallur District - 602 001.
2.
The Revenue Divisional Officer Revenue Division Office Tiruvallur Tiruvallur District - 602 001.
3.
The Tahsildar Tiruvallur Tiruvallur District.
4.
The Superintendent of Police Tiruvallur Taluk and District.
5.
Easwari Page Nos.1/7
6.
Gopinath ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 2nd and 3rd respondents herein to consider the representation sent on 23.09.2024 and a reminder on 09.11.2024 by the petitioner herein.
For Petitioner :
Mr.A.L.Franc Paul Asirvadam
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a prayer for issue of a writ of mandamus qua a 'representation dated 23.09.2024' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} followed by a 'reminder dated 09.11.2024' {hereinafter 'said reminder' for the sake of convenience and clarity} sent by writ petitioner . Said representation has been sent to R4 [The Superintendent of Police, Tiruvallur Taluk and District] and said reminder has been sent to R2 [The Revenue Divisional Officer, Tiruvallur Page Nos.2/7
District].
2. Scanned reproduction of said representation and said reminder are as follows:
Said representation :
Page Nos.3/7
Said reminder :
Page Nos.4/7
3. A careful perusal of said representation and said reminder as well as support affidavit brings to light that the case of the writ petitioner is that he has purchased 'land admeasuring 22.50 ares or thereabouts in S.No.170A/2A1A in Ammanampakkam Village, Tiruvallur Taluk and Tiruvallur District' {hereinafter 'said land' for the sake of brevity, convenience and clarity} and that R5 and R6 have encroached upon said land and put up a construction.
4. We find that the aforesaid matter at the highest qualifies as a civil dispute between the writ petitioner as well as R5 and R6. It is not a case of encroachment of public land. Therefore, the remedy, if at all and if that be so for the writ petitioner would be to file a civil suit.
5. We make it clear that if the writ petitioner chooses to file a civil suit (if so advised and if so desired) all rights and contentions of writ petitioner including contentions raised in the captioned WP are preserved.
6. In the light of the discussion thus far, we find that captioned WP does not pass muster in the Admission Board.
Page Nos.5/7
7. Ergo, the sequitur is captioned WP is dismissed albeit with preservation of rights in the aforesaid manner. Considering the fair manner in which submissions have been made, we refrain from imposing costs. (M.S.,J.) (K.R.S.,J.) 27.11.2024 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The District Collector Tiruvallur Collectorate Office Tiruvallur District - 602 001.
2.
The Revenue Divisional Officer Revenue Division Office Tiruvallur Tiruvallur District - 602 001.
3.
The Tahsildar Tiruvallur Tiruvallur District.
4.
The Superintendent of Police Tiruvallur Taluk and District.
Page Nos.6/7
M.SUNDAR, J., and K.RAJASEKAR, J., mk 27.11.2024 Page Nos.7/7