S.Kesavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE G.CHOCKALINGAM W.P.(MD)No.7439 of 2015 S.KESAVAN .. Petitioner Vs.

1. THE DISTRICT COLLECTOR, VIRUDHUNGAR DISTRICT, VIRUTHUNAGAR.

2. THE DISTRICT REVENUE OFFICER, VIRUTHUNAGAR DISTRICT, VIRUDHUNAGAR.

3. THE TAHSILDHAR, THASIDLAR OFFICE, SIVAKASI, VIRUTHUNAGAR DISTRICT.

4. G.MURALI .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent Nos.1 to 4 herein to consider petitioner's representation dated 10.04.2015 in respect of removing the encroachment dated 10.4.2015 in respect of the removing the encroachment made at North veli Street near Sri Nintra Narayana Perumal Thathiyarathanai Trust, Thiruthangal, Sivakasi Taluk, Virudhunagar District.

For Petitioner : Mr.P.Subbaraj For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

(The order of the Court was made by S.MANIKUMAR, J.) Member of Arulmighu Sri Nintra Narayana Perumal Thathiyarathanai Trust has sought for a writ of mandamus directing the respondents 1 to 4, to consider his representation dated 10.04.2015 to remove an alleged encroachment made at North veli Street near Sri Nintra Narayana Perumal Thathiyarathanai Trust, Thiruthangal, Sivakasi Taluk, Virudhunagar District.

2. Averments indicate that the said place is classified as a Natham and maintained by the trust for the past 20 years and that the respondent No.2 is alleged to have encroached the same. https://hcservices.ecourts.gov.in/hcservices/

3. Private interest is reflected in the supporting affidavit. If there is any alleged encroachment by respondent No.2, it is for the trust to move the Civil Court for appropriate remedy. Apparently, affidavit does not disclose any such action by the trust, instead, it has chosen to file the present writ petition. There is no merit in this writ petition and the prayer sought for cannot be issued.

4. In the result, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar rj2 To

1. THE DISTRICT COLLECTOR, VIRUDHUNGAR DISTRICT, VIRUTHUNAGAR.

2. THE DISTRICT REVENUE OFFICER, VIRUTHUNAGAR DISTRICT, VIRUDHUNAGAR.

3. THE TAHSILDHAR, THASIDLAR OFFICE, SIVAKASI, VIRUTHUNAGAR DISTRICT.

+1cc to MR.P.SUBBARAJ, ADVOCATE IN SR NO.23850 +1cc to Special Government Pleader Sr NO. 24850 Order made in W.P.(MD)No.7439 of 2015 30.04.2015 RG.28.05.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/