S.K. Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13997 of 2014 S.K.Senthilkumar ... Petitioner Vs.

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Kovilpatti Taluk, Kovilpatti, Tuticorin District.

3. The Block Development Officer, Block Development Office, Kovilpatti, Tuticorin District.

4. The President, Thittankulam Village Panchayat, Kovilpatti Taluk, Tuticorin District.

5. P.Ponnuthayee

6. M.Ponraj ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment which put in construction in S.F.No.292/3 at Thittankulam Village, Kovilpatti Taluk, Tuticorin District by the 5th and 6th respondents by considering the petitioner's representation dated 29.04.2014 within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Ganesh Prabu For Respondents : Mr.M.Govindan, Spl.GP for R1 and R2 Mr.Karthick Raja for Mrs.J.Gunaseelan Muthaiah for R3 Mr.G.Thalaimutharasu for R5.

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O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition has been filed for removal of encroachment in S.F.No.292/3 at Thittankulam Village, Kovilpatti Taluk, Tuticorin District put up by the fifth and sixth respondents herein. The writ petitioner had given a representation dated 29.04.2014 in this regard.

2.When the case was taken up for hearing, the learned counsel for the fifth and sixth respondents informed the Court that the writ petition is an outcome of the writ petitioner's malice and that the land in question is a private patta land. We therefore called upon the learned counsel for the petitioner to show any material to indicate the character of the land so as to enable us to issue a proper direction to the revenue authorities. No satisfactory reply was forthcoming. The petitioner has also not enclosed any material to indicate the character of the land in question. 3.Since the writ petition has been filed without any justificatory material, we dismiss the writ petition. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Kovilpatti Taluk, Kovilpatti, Tuticorin District.

3. The Block Development Officer, Block Development Office, Kovilpatti, Tuticorin District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 69339 SKM/ARUL TE/GT/SAR-II : 09/08/2017 : 2P/5C W.P(MD)No.13997 of 2014 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/