Madras High CourtWP(MD)/661/2022dismissed

Ramachandran v. The District Collector

2022-03-07Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy2 pages

W.P(MD)No.661 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.661 of 2022 Ramachandran .. Petitioner Vs.

1.The District Collector, Virudhunagar Collector Office, Virudhunagar District .

2.The Revenue Divisional Officer, R.D.O.Office, Arupukottai Taluk, Virudhunagar District.

3.The Tahsildar, O/o. Taluk Office, Arupukottai Taluk,Virudhunagar District.

4.The Block Development Officer, Block Development Office, Thiruchuli, Arupukottai Taluk,Virudhunagar District. 5.Muthugopal.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to conduct proper Survey and remove the encroachment made by the fifth respondent and other private persons in public road in Natham Survey No.229/40, in Kalaiyarkarisalkulam Village, Aruppukottai Taluk, Virudhunagar District, based on the third respondent proceedings in Na.Ka.A2/2451/2021 dated 06.08.2021 and petitioner's representation on 10.07.2021 and 30.07.2021, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.P.Ponraj For Respondents 1 to 3 : Mr.S.R.A.Ramachandran, Additional Government Pleader.

For Respondent No.4 : Mr.K.Balasubramanian Special Government Pleader.

For Respondent No.5 : Mr.A.Jeyaram https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.661 of 2022

ORDER

[Made by PARESH UPADHYAY, J.] This petition is projected as the grievance of the petitioner against the private respondent, alleging encroachment. 2.

Having heard learned advocates for the respective parties and having considered the material on record we find prima facie that, the dispute essentially is a matrimonial dispute between two sides and the consequence thereof has resulted in this petition. Even if there is strict non-compliance of the local law, in the facts of this case, writ petition under Article 226 of the Constitution of India need not be entertained. 3.

For the above reasons, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) sj To 1.The District Collector, Virudhunagar Collector Office, Virudhunagar District . 2.The Revenue Divisional Officer, R.D.O.Office, Arupukottai Taluk, Virudhunagar District. 3.The Tahsildar, O/o. Taluk Office, Arupukottai Taluk, Virudhunagar District.

4.The Block Development Officer, Block Development Office, Thiruchuli, Arupukottai Taluk, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-10952[F] dated 09/03/2022 ) W.P(MD)No.661 of 2022 07.03.2022 MGJ(17.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2