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Madras High CourtWP/48216/2025dismissed

Balanatham v. The District Collector

2025-12-17Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Balanatham .. Petitioner -vs1. The District Collector, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry 605 009.

2. The Member Secretary, Puducherry Planning Authority, 1st Main Road, Jawahar Nagar, Kavery Nagar, Reddiarpalayam, Puducherry 605 005.

3. The Director, The Department of Survey and Land Records, Pillaithotam, Sakthi Nagar, Saram, Puducherry 605 013.

4. The Thashildar, Oulgaret Taluk, Selva Vinayagar Koil St., Pakkamudayanpet, Lawspet,

Puducherry 605 008.

5. Sowmya .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to conduct necessary enquiry and take appropriate action over the unauthorised construction made by the 5th respondent in pursuant to the representation made by the petitioner dated 28.08.2025, 23.09.2025.

For Petitioner :

Mr.B.Balavijayan For Respondents :

Mr.S.Ravee Kumar Govt. Pleader (Puducherry), for RR 1 to 4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner's allegation is that the 5th respondent, while raising construction, has encroached upon petitioner's land. It is also alleged that the construction is otherwise illegal.

2. If the allegation is that the private respondent is encroaching upon petitioner's land, remedy lies in filing a civil suit and not writ petition.

With liberty, petition is dismissed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 17.12.2025 Index : Yes/No : Yes/No sra To

1. The District Collector, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry 605 009.

2. The Member Secretary, Puducherry Planning Authority, 1st Main Road, Jawahar Nagar, Kavery Nagar, Reddiarpalayam, Puducherry 605 005.

3. The Director, The Department of Survey and Land Records, Pillaithotam, Sakthi Nagar, Saram, Puducherry 605 013.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra)

4. The Thashildar, Oulgaret Taluk, Selva Vinayagar Koil St., Pakkamudayanpet, Lawspet, Puducherry 605 008.

17.12.2025