Murugan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.788 of 2023 P.Murugan ... Petitioner -vs1.The District Collector O/o the District Collector Collectorate Campus, Madurai District.

2.The Tahsildar (Madurai East) O/o. the Madurai East Tahsildar Collectorate Campus, Madurai District 3.The Superintendent of Police, O/o. the Superintendent of Police, Azhagarkovil Road K.Pudur, Madurai.

4.N.Elango ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 to 3 on the basis of petitioner's representation dated 22.12.2022 take action against the 4th respondent, who is illegally constructing house building in the common pathway situated at S.No.106/3 Kuruthur Village, Maathoor Post, Azhagarkovil Via, Madurai District within the time stipulated by this Court.

For Petitioners :

Mr.D.Senthil For Respondents :

Mr.D.Sasikumar for R1 to R3 Additional Government Pleader Mr.V.Saravanan for R4

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.D.Senthil, learned counsel for the petitioner, Mr.D.Sasikumar, learned Additional Government Pleader for the respondent 1 to 3 and Mr.V.Saravanan, learned counsel for the 4th respondent.

2. The learned counsel for the petitioner submits that a common pathway exists in S.No.106/3 at Kuruthur and the same is being blocked by unauthorised construction of the respondent No.4.

3. The respondent No.4 has filed a counter with the effect that S.No.106/3 is a patta land, however, no construction was put up in that. The petitioner is his third degree cousin and on personal grudge, the writ petition is filed.

4. The learned Additional Government Pleader also affirms that there is no common pathway in S.No.106/3.

5. In light of the aforesaid facts, the present writ petition appears to be misconceived. The writ petition stands dismissed. However, there is no order as to costs.

[S.V.G., CJ.] [C.K. J.] 29.08.2023 NCC : Yes / No Index : Yes / No RR

To 1.The District Collector O/o the District Collector Collectorate Campus, Madurai District.

2.The Tahsildar (Madurai East) O/o. the Madurai East Tahsildar Collectorate Campus, Madurai District 3.The Superintendent of Police, O/o. the Superintendent of Police, Azhagarkovil Road K.Pudur, Madurai.

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN, J.

RR W.P.(MD)No.788 of 2023 29.08.2023