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Madras High CourtWP(MD)/7678/2020dismissed

M.Vijayarani v. The District Collector

2021-03-17Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Vijayarani ... Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

3.The Sub-Collector, O/o. the Sub-Collector, Ramanathapuram Taluk, Ramanathapuram District.

4.The Tahsildar, Ramanathapuram Taluk Office, Ramanathapuram District.

5.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

6.R.Govindhamoorthy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents to remove the illegal encroachment and eviction of unauthorized occupants made by the respondent No.6 by implementing the order in Ne.Mu.A.11/1782/2020, dated 04.03.2020, on the file of the third respondent, within the time to be stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R1 to R5 : Mrs.J.Padmavathi Devi Special Government Pleader * * * * *

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Placing reliance on the order passed by respondent No.3 in Ne.Mu.A.11/1782/2020, dated 04.03.2020, the petitioner has approached this Court for removal of illegal encroachments made by respondent No.6.

2.The prayer sought for cannot be granted by this Court. Petitioner seeks an injunction against the private respondent. Since it is an allotment made against the petitioner, the official 1/3

respondents have no role to play.

3.In such view of the matter, the Writ Petition is dismissed. It is well open to the petitioner to approach the Superintendent of Police to take it to a logical end or to file a comprehensive suit. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

Sj To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

3.The Sub-Collector, O/o. the Sub-Collector, Ramanathapuram Taluk, Ramanathapuram District.

4.The Tahsildar, Ramanathapuram Taluk Office, Ramanathapuram District.

5.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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+1 CC to M/s.I.PINAYGASH, Advocate ( SR-12200[F] dated 18/03/2021 ) +1 CC to M/s.SPL GP ( SR-12242[F] dated 18/03/2021 ) +1 CC to M/s.P.SANTHANA KRISHNAN, Advocate ( SR-12429[F] dated 19/03/2021 ) 17.03.2021 GS (21.04.2021) 3P 9C 3/3