Madras High CourtWP(MD)/5083/2019disposed of

A.Maniselvam, S/O. Karuppaiah, v. The District Collector

2019-03-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5083 of 2019 and W.M.P.(MD)No.4054 of 2019 A.Maniselvam ... Petitioner Vs

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

4.Pandi 5.Thangam 6.Veerasamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 3 to dispose of the representation of the petitioner dated 08.10.2018 within a time frame as fixed by this Court besides directing the respondents 1 to 3 to take immediate action against the respondents 4 to 6 in the nature of forbearing them from preventing the petitioner's usage of cart-track leading to main road touching through the Survey Nos.446/9, 446/10 and 446/7 situated at South Valasaikadu, Salaigramam Post, Ilayangudi Taluk, Sivagangai District.

For Petitioner : Mr.B.Prahalad Ravi For R1 to R3 : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel appearing for the writ petitioner. 2.The writ petitioner's grievance is that the private respondents herein are interfering with his right to use the petition mentioned cart-track.

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3.I am of the view that since the petitioner is seeking relief only against the private parties, the petitioner should file only an injunction suit. The filing of the writ petition is clearly misconceived. Keeping intact the rights of the petitioner to workout his remedies elsewhere, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3. The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

+1 CC to MR.B.PRAHALAD RAVI, Advocate ( SR-51775 dated 05/03/2019 ) +1 CC to SPL GP ( SR-51734[F] dated 05/03/2019 ) W.P.(MD)No.5083 of 2019 and W.M.P.(MD)No.4054 of 2019 04.03.2019 rmi MK (26.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/