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Madras High CourtWP(MD)/5106/2023dismissed

Santhanam v. The District Collector

2025-02-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI Santhanam ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.

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

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.Veluchamy ... Respondents PRAYER:- Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents Nos.1 to 3 to remove the encroachment made by the 4th respondent comprised in Old Survey Nos.229/1, 229/2, new Survey Nos.36/1 and 36/2 situated at V.Alagapuri, Appanthiruppathi Post, Madurai District and old Survey Nos.188/1 and 188/2 and New 1/4

Survey Nos.106/1, 106/2 situated at Appanthiruppathi Post, Madurai District on the basis of the petitioner's representation dated 28.02.2023 and for other reliefs.

For Petitioner : Mr.N.Balasubramanian For R1 to R3 : Mr.K.Balasubramani Special Government Pleader For R4 : Mr.Sureshkumar

O R D E R

Heard both sides.

2.The petitioner is a resident of Alagapuri Village. He alleges that in the petition-mentioned survey numbers, there are encroachments.

3.The Jurisdictional Tahsildar has filed a status report. He asserts that S.Nos.106/1 and 106/2 have been classified as water bodies. But, there are no encroachments therein. As regards the other survey numbers mentioned in the petition, they are either Anadheenam or patta lands. The fourth respondent has also filed a counter affidavit denying the petitioner's allegations. 2/4

4.We are of the view that there is no cause of action for issuing any direction. Accordingly, this writ petition is dismissed. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 5th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No vrn To:

1.The District Collector, Madurai District, Madurai.

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

3.The Tahsildar, Madurai East Taluk, Madurai District.

3/4

G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

vrn Order made in 05.02.2025 4/4