Madras High CourtWP(MD)/9033/2014disposed of

S. Parathasarathy v. The District Collector

2015-08-19Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.9033 of 2014 S.Parthasarathy ... Petitioner Vs.

1.The District Collector, Nagercoil at Kanyakumari District, Kanyakumari.

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

3.The Tahsildar Agastheswaram Nagercoil Kanyakumari District.

4.Thankammal 5.T.Nadachy Thangam 6.T.Amirthagowri ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 for the purpose of public Interest to remove the encroachments of the respondents 4 to 6 comprised in survey No.288/12 total extent of 33 cents Mylaudy Village, Agastheswaram circle Nagarcoil, Kanyakumari District.

For Petitioner : Mr.V.Vinayagamoorthy For RR - 1 to 3 : Mr.M.Alagathevan Spl.Govt.Pleader For RR - 4 to 6 : Mr.C.Dhanaseelan

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The prayer in the writ petition is to remove the encroachment made in Survey No.288/12, which according to the petitioner is a Government land, whereas, the respondents 4 to 6 https://hcservices.ecourts.gov.in/hcservices/

claimed that they have right over the property based on the valid title and the suit filed in Original Suit No.668 of 2007 before the Additional District Munsif Court, Nagercoil was decreed in their favour. In view of the same, we find no cause to entertain the writ petition as a public interest litigation. Therefore, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar mj To 1.The District Collector, Nagercoil at Kanyakumari District, Kanyakumari.

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

3.The Tahsildar Agastheswaram Nagercoil Kanyakumari District.

+one cc to Mr.V.Vinayagamoorthy, Advocate in SR.No.47668 +one cc to M/s.C.Dhanaseelan, Advocate in SR.No.47826 +one cc to The Special Government Pleader, SR.No. 48472 Writ Petition (MD) No.9033 of 2014 19.08.2015 CSL/NGM-SS/15.09.2015 2p/7c https://hcservices.ecourts.gov.in/hcservices/