Madras High CourtWP(MD)/21910/2015dismissed

M. Yesudhas, S/O Mochakan v. The District Collector

2015-12-09Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Ramasubramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition (MD) No.21910 of 2015 M.Yesudhas ... Petitioner Vs.

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

4. The Sub Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

5. Symon ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.11.2015 to remove the encroachment made in S.No.204/49 Old S.No.839/1 to an extent of 4 cents (1742.4 sq.ft) situated at Kulasekarapuram village Agasteeswaram Taluk Kanyakumari District.

For Petitioner : Mr.T.Selvakumaran For Respondents : Mr.M.Alagadevan, Special Government Pleader.

ORDER

(Order of the Court was made by V.RAMASUBRAMANIAN,J.) https://hcservices.ecourts.gov.in/hcservices/ The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to consider his

representation for the removal of encroachment. 2.Heard Mr.T.Selvakumaran, learned counsel for the petitioner.

3.Under the guise of removal of encroachment in a pathway, the petitioner is seeking restoration of a private pathway as seen from paragraph 6 of the affidavit filed in support of this writ petition. In any case, the encroachment complained of is that the coconut stems are being put in the pathway. 4.Therefore, the writ petition is not the appropriate remedy. Hence, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

4. The Sub Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

+ 1 CC TO MR.T.SELVAKUMARAN, ADVOCATE IN SR NO. 70500 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 70745 SMS TE/AMF/ : 21/12/2015 : 2P/7C Writ Petition (MD) No.21910 of 2015 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/