Tamileniyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2776 of 2024 Tamileniyan ... Petitioner -Vs1.The District Collector, Office of the District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.Tahsildar, Office of the Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Block Development Officer, Office of the Block Development Officer, Vedasandur, Dindigul District.

5.Savariammal 6.Antony Das 7.A.Kavitha ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 7 in Survey No.324/3 and 326/3 in Malvarpatti Village, Vedasandur Taluk, Dindigul District in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Rajaselvan For R1 to R4 : Mr.N.Satheesh Kumar, Additional Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.N.Satheesh Kumar, learned Additional Government Pleader, who takes notice for the respondents 1 to 4, submits that the land in question is a patta land, which belongs to the petitioner and therefore, this Writ Petition is not entertainable and liable to be dismissed.

3.We are in agreement with the submission made by the learned Additional Government Pleader. We cannot issue any direction to remove the

encroachment made in the patta land under Article 226 of Constitution of India and therefore, the petitioner has to seek his remedy before the civil Court concerned. Accordingly, this Writ Petition stand dismissed. No costs. [D.K.K., J.] & [R.V., J.] 09.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Office of the District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani, Dindigul District.

3.Tahsildar, Office of the Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Block Development Officer, Office of the Block Development Officer, Vedasandur, Dindigul District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2776 of 2024 09.02.2024