K.Logidhasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22666 of 2015 K.Logidhasan ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Chief Engineer, Public Works Department, Benniquick Complex, Madurai District.

3. The Revenue Divisional Officer, Collectorate Complex, Madurai District.

4. The Thasildar, Madurai North Taluk, Madurai District.

5. M/s. Arun Hitech City, No.1-187/6-1, Surya Nagar Extension, K.Pudhur Post, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fourth respondent to initiate appropriate action based on the proceedings of the third respondent in Na.Ka.No.7348/2015/C, dated 14.09.2015 for clearing the water channel and the cartrack that leads to the petitioner's Agricultural Land in Survey No.93/3, Siruthoor Village, Madurai District.

For petitioner : Mr.V.Perumal For R1 to R4 : Mr.M.Govindan Special Government Pleader For R5 : Mr.A.N.Ramanathan

O R D E R

https://hcservices.ecourts.gov.in/hcservices/

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner is aggrieved on account of the development of a plot near to his property and thereby denying him access to his land.

2. The issue raised by the petitioner is purely personal in nature. In case there is infringement of the easementary right of the petitioner, his remedy is only to approach the civil Court. We do not find any ground made out by the petitioner for issuance of a Writ of Mandamus.

3. In the result, the writ petition is dismissed. However, we make it clear that this order would not stand in the way of the petitioner from approaching the appropriate authority or the civil Court for redressal of his grievances. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District,Madurai.

2. The Chief Engineer, Public Works Department, Benniquick Complex, Madurai District.

3. The Revenue Divisional Officer, Collectorate Complex, Madurai District.

4. The Thasildar, Madurai North Taluk, Madurai District.

+1cc to Mr.V.Perumal, Advocate in SR.No.68407 +1cc to Mr.A.N.Ramanathan, Advocate in SR.No.68729 +1cc to The Special Government Pleader in SR.No.68990 akv AE/SV AAM/SAR2/10.08.2017/2P/8C W.P.(MD)No.22666 of 2015 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/