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Madras High CourtWP(MD)/6784/2022dismissed

Subburaj G v. The District Collector

2022-04-12Honourable Mr Justice C. Saravanan2 pages

W.P(MD).No.6784 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.6784 of 2022 and W.M.P.(MD).No.5227 of 2022 G.Subburaj ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Trichy.

2.The Executive Officer/Joint Commissioner, Samayapuram Temple, Trichy.

3.The Divisional Engineer, Officer of the Divisional Engineer, State Highways, Trichy.

4.The Additional Divisional Engineer, Office of the Additional Divisional Engineer, State Highways, Lalgudi, Trichy.

5.The Assistant Engineer, Office of the Assistant Engineer, State Highways, Mannachanallur, Trichy.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to disturb the lease hold rights of the petitioner in Shop No.9 and 10 of Arulmigu Mariyamman Temple Complex, Samayapuram, Trichy till the completion of the lease period.

For Petitioner : Mr.S.Ramsundarvijayraj For R1, R3 to R5 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 : Mr.S.Ramesh https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.6784 of 2022

ORDER

Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1, 3 to 5 and the learned counsel for the second respondent.

2. There is no merit in the writ petition as the petitioner has an alternate remedy before the civil Court. There are disputed questions of fact regarding the extent of encroachments by the petitioner. These disputed questions of facts cannot be determined in this proceeding. Therefore, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The District Collector, Office of the Collectorate, Trichy.

2.The Executive Officer/Joint Commissioner, Samayapuram Temple, Trichy.

3.The Divisional Engineer, Officer of the Divisional Engineer, State Highways, Trichy.

4.The Additional Divisional Engineer, Office of the Additional Divisional Engineer, State Highways, Lalgudi, Trichy.

5.The Assistant Engineer, Office of the Assistant Engineer, State Highways, Mannachanallur, Trichy.

+1 CC to M/s.SPL.GP. ( SR-18823[F] dated 13/04/2022 ) +1 CC to M/s.S. RAMSUNDARVIJAYRAJ, Advocate ( SR-19033[F] dated 18/04/2022 ) W.P(MD).No.6784 of 2022 12.04.2022 RD(06.05.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2