Mathivanan v. The District Collector

W.P.[MD]No.11493 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.11493 of 2022 and W.M.P.[MD]Nos.8153 of 2022 Mathivanan : Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

4.K.Kalingarajan 5.K.Sundaramahalingam 6.K.Navaneethakrishnan 7.K.Ponmadasamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 7 in government land in Survey No.246, 247/1, 247/2, 247/3, 247/25 & 248/1A situated in Perumpathur Village, Sankarankovil Taluk, Tenkasi District in manner known to law by considering the petitioner's representation dated 06.05.2022.

For Petitioner : Mr.K.Jeyamohan For Respondents 1 to 3 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that one Neerathilingam had sold his properties to the Government some time in the year 1980, for the purpose of putting up a Child Welfare Centre and thereafter, the said Neerathilingam appears to have sold the same properties to some individuals who are putting up constructions. On these allegations, the present writ petition has been filed for a Mandamus https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.11493 of 2022 to the respondents to remove the alleged encroachments. Even according to the petitioner, Neerathilingam has sold some properties by way of a sale deed to respondents 4 to 7. Respondents 4 to 7 have also obtained patta for the said lands. In such view of the matter, Public Interest Litigations of this nature cannot be entertained. 2.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-25481[F] dated 13/06/2022 ) +1 CC to M/s.SPL.GP. ( SR-25563[F] dated 14/06/2022 ) W.P.[MD]No.11493 of 2022 13.06.2022 RD(20.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2