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Madras High CourtWP(MD)/7295/2014dismissed

M.Nazeer Mohammed, v. The District Collector,

2017-07-26Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7295 of 2014 M.Nazeer Mohammed through his registered power agent R.S.Ramakrishnan ... Petitioner Vs.

1.The District Collector Trichy District.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.Kasturi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 27.02.2014 and take necessary steps to remove the encroachments made in the road in S.No.144/1, 142(3) and 142(5) in Idayapatti village, Manaparai Taluk.

For Petitioner : Mr.S.Sekar For Respondents : Mr.M.Govindan, Spl. G.P. For RR1 and 2 Mr.P.Thiyagarajan for R3

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner has filed this writ petition to direct the second respondent to remove the encroachment stated to have been caused by the third respondent in respect of the road in S.No. 144/1, 142(3) and 142(5) in Idayapatti village, Manaparai Taluk. 2.The documents available on record indicates that S.No.142(3) and 142(5) are classified as private lands. The property in S.No. 144/1 is shown as Natham vacant land.

3.The affidavit filed by the petitioner proceeds as if there is a road in S.No.144/1. However, the revenue records shows otherwise. We therefore do not find any reason to issue a Writ of Mandamus. https://hcservices.ecourts.gov.in/hcservices/

4.In the result, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To 1.The District Collector Trichy District.

2.The Tahsildar, Manapparai Taluk, Trichy District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.68634 ARUL/SKM JS/GT/SAR.2/10.08.2017/2P-4C order made in W.P(MD)No.7295 of 2014 26.07.2017 https://hcservices.ecourts.gov.in/hcservices/