Murugeshwari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Murugeshwari ... Petitioner -vs1.The District Collector Tenkasi District Tenkasi 2.The Assistant Director of Rural Development (Panchayat) Tenkasi Tenkasi District 3.The District Revenue Officer Tenkasi District Tenkasi 4.The Project Director District Rural Development Agency Tenkasi District Tenkasi 5.The Block Development Officer Kadayanallur Union Kadayanallur Tenkasi District

6.The Tahsildar Kadayanallur Taluk Tenkasi District 7.The President Poigai Panchayat Poigai Kadayanallur Taluk Tenkasi District 8.Subbulakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for records pertaining to the impugned order vide Na.Ka.No.Aa4/3733/2019, dated 23.11.2020, passed by the first respondent and quash the same as illegal and consequently direct the respondents 1 to 7 to remove the fences put up illegally by the eighth respondent on the road stretching east to west connecting the main panchayat road at Poigai, Kadayanallur Taluk, Tenkasi District. For Petitioner :

Mr.T.Indrachithu For Respondents :

Mr.A.Baskaran Addl. Government Pleader for R1 to R4 & R6 Mr.P.Thilakkumar Government Pleader for R5 & R7

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge in this writ petition is to the proceedings of the Block Development Officer, Kadayanallur, dated 23.11.2020.

2. The petitioner sought for removal of encroachment alleged to have been made by the eighth respondent over Survey No.110/5B, which, according to the petitioner, forms part of the road. The Block Development Officer, Kadayanallur, had, by the impugned proceedings, informed the District Collector, Tenkasi District, that the land in Survey No.110/5B is a Patta land and therefore, there is no encroachment over the road. It is also stated that a suit in O.S.No.215 of 2020 is pending on the file of the District Munsif Court, Tenkasi, regarding the same land. Hence, we do not see any reason to entertain this writ petition. The petitioner, being a party to the civil suit, is attempting to make the suit infructuous by resorting to this proceeding under Article 226 of the Constitution of India. Hence, the writ petition is dismissed. No costs.

[R.S.M., J.] [L.V.G., J.] 10.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Assistant Director of Rural Development (Panchayat), Tenkasi, Tenkasi District.

3.The District Revenue Officer, Tenkasi District, Tenkasi.

4.The Project Director, District Rural Development Agency, Tenkasi District.

Tenkasi 5.The Block Development Officer, Kadayanallur Union, Kadayanallur, Tenkasi District.

6.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

7.The President, Poigai Panchayat, Poigai, Kadayanallur Taluk, Tenkasi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 10.03.2023