Madras High CourtWP(MD)/6388/2021closed

Selvan.G v. The Dist.Collector

2021-03-22Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.6388 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.6388 of 2021 (Through Video Conferencing) G.Selvan : Petitioner Vs.

1.The District Collector Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk Kanyakumari District.

3.The Assistant Director of Survey Kanyakumari.

4.The Taluk Surveyor, Kalkulam Taluk Kanyakumari District.

5.V.Krishnamani : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 2nd respondent to complete the process of enquiry based on the petitioner's representation dated 17.02.2021 requesting to remove the encroachment made on the common passage in Survey No.783/7B Vellimalai Village, Kalkulam Taluk in Kanyakumari District, pursuant to the communication dated 22.02.2021 issued by the 1st respondent to the 2nd respondent within a reasonable time.

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.K.P.Krishnadoss for R1 to R4 Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Claiming the extent of land as a common passage meant for the usage of public, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6388 of 2021 2.On instructions from the Tahsildar, Kalkulam by the proceedings dated 20.03.2021, the learned Special Government Pleader submitted that it is only a private land. Even as per the village Adangal, there is no such classification as contended by the petitioner.

3. We cannot go into the disputed questions of fact, especially when the official respondent No.2 himself claims it is a private land. In such view of the matter, the writ petition is closed giving liberty to the petitioner to file a suit. No costs. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk Kanyakumari District.

3.The Assistant Director of Survey Kanyakumari.

4.The Taluk Surveyor, Kalkulam Taluk Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-12937[F] dated 23/03/2021 ) +1 CC to M/s.B.MICHEAL SEBASTIN, Advocate ( SR-13091[F] dated 23/03/2021 ) Order made in W.P.(MD)No.6388 of 2021 Dated: 22.03.2021 SMV(CO) KK(09.04.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2