Balakrishna Prabu B v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Writ Petition(MD)No.10349 of 2025 B.Balakrishna Prabu ..Petitioner Vs 1.The District Collector, Collectorate Building, Tenkasi District.

2.The District Revenue Officer, Tenkasi District.

3.The Tahsildar, Tenkasi, Tenkasi District.

4.Aram Saravana Seenivan @ Saravana ..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 1 to 3 to consider the petitioner's representation dated.09.01.2025 to remove the encroachment made by the fourth respondent in survey No.1634 / 22 in Thippanampatti village, Tenkasi Taluk, Tenkasi District. 1/4

For Petitioner : Mr.S.Moorthy For Respondents : Mr.P.Thilakkumar Govt. Pleader (for RR1 to 3) Mr.Raja Ravivarma (for R4) ***

ORDER

DR.G.JAYACHANDRAN,J.

and S.SRIMATHY ,J.

The writ petition under the guise of the public interest litigation is filed seeking a Mandamus alleging that the fourth respondent has encroached on the Government poramboke land and put up a cattle shed, a cow dunghill, and straw and is causing a nuisance.

2. The learned counsel appearing for the fourth respondent submits that the land classified as a Natham is owned by the forefather of the fourth respondent and in their occupation.

3. The learned Government Pleader appearing for the respondents 1 to 3 states that the land is classified as Natham and in the occupation of the fourth respondent.

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4. Under the said circumstances, the public interest litigation is not maintainable. In any event, the representation given by the petitioner on 25.09.2024 shall be considered and disposed of after giving adequate opportunity of hearing to the fourth respondent.

5. With the above direction, this writ petition is disposed of. No costs.

[G.J., J.] [S.S.Y., J.] skn 15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes To 1.The District Collector, Collectorate Building, Tenkasi District.

2.The District Revenue Officer, Tenkasi District.

3.The Tahsildar, Tenkasi, Tenkasi District.

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DR.G.JAYACHANDRAN,J.

and S.SRIMATHY , J.

skn Writ Petition(MD)No.10349 of 2025 15.04.2025 4/4