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Madras High CourtWP(MD)/5237/2015dismissed

K.Vijayakumar, v. The Thasildar,

2015-04-09Honourable Mr Justice S. Manikumar,Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2015

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE G.CHOCKALINGAM W.P.(MD)No.5237 of 2015 K.VIJAYAKUMAR .. Petitioner Vs.

1. THE THASILDAR, THIRUMANGALAM TALUK, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, CHECKANANOORANI POLICE STATION, MADURAI.

3. CHINNASAMY

4. PANNERSELVAM

5. THANGARAJ

6. DURAIPANDI

7. PARAMESWARAN .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue to issue a Writ of Mandamus directing the respondents 1 & 2 to remove the encroachment put up by the respondents 3 to 7 in Survey No.286/36 Puliyankulam Village, Thirumangalam Taluk, Madurai District by considering the petitioner's representation dated 17.03.2015. For Petitioner : Mr.N.Sathish Babu For R1 & R2 : Mr.N.Manoharan Special Government Pleader

O R D E R

(The order of the Court was made by S.MANIKUMAR, J.) Claiming himself to be a pro bono litigant, the petitioner has sought for a Mandamus to direct the respondents 1 & 2 to remove the encroachment put up by the respondents 3 to 7 in Survey No.286/36, Puliyankulam Village, Thirumangalam Taluk, Madurai District by considering the petitioner's complaint, dated 18.03.2015.

2. Reading of the above said complaint, dated 18.03.2015 enclosed in the typed set of papers along with this writ petition and the averments in paragraph No.3 of the affidavit, clearly indicate that there is a personal interest in this writ petition.

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3. In the complaint dated 18.03.2015, addressed to the Inspector of Police, Sekkanoorani Police Station, Madurai, the petitioner as stated as follows:- "...ne;j ghijahdJ ehDk; kw;Wk; vdJ mUfpy; FoapUf;Fk; 5 tPl;lhh;fSk; gad;gLj;jp tUfpBwhk;. ne;j bghJg; ghijapy; xU BfhapYk; cz;L..." and paragraph No.3 of the affidavit reads as follows:- "...The above said pathway is only way to reach my house and other residents of the area."

4. The averments stated supra categorically indicate personal interest of the petitioner.

5. In the light of the above, the writ petition cannot be said to be a Public Interest Litigation, and entertained. Accordingly, the writ petition is dismissed. No costs. Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To

1. THE THASILDAR, THIRUMANGALAM TALUK, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, CHECKANANOORANI POLICE STATION, MADURAI.

+1cc to Special Government Pleader in SR.No 18292. TS/21.04.2015/2P-4C Order made in W.P.(MD)No.5237 of 2015 09.04.2015 https://hcservices.ecourts.gov.in/hcservices/