Selvakumari.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.(MD) No.8633 of 2022 M.Selvakumari

...Petitioner

Vs.

1.The District Collector, 2.The President, District Panchayat, 3.The Assistant Director, (Panchayat), 4.The President, Thickanamcode Panchayat, Thickanamcode, Kanyakumari District.

5.The Chairman Panchayat Union, Kozhiporvilai, Milagumodu Post, Thackalay, Kanyakumari District.

6.The Block Development Officer Thackalay Panchayat Union, Kozhiporvilai, Milagumodu Post, Thackalay, Kanyakumari District.

7.Selvamary

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made in and around in S.No.568/5 in Thickanamcode Panchayat, Thiruvithancode Village, Kalkulam Taluk, 1/3

Kanyakumari District, made by the seventh respondent by considering the representation of the petitioner's dated 17.05.2022. For Petitioner : Mr.T.Selvakumaran For R1 & R3 : Mr.SRA.Ramachandran, Additional Government Pleader For R2, R4 to R6 : Mr.D.Sadiq Raja, Additional Government Pleader

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner is admittedly, the former member of Ward No.8 of Thickanamcode Panchayat, Thiruvithancode Village. She lost the elections to the seventh respondent and now the petitioner is alleging that the seventh respondent has made encroachments in and around in Survey No.568/5 in Thickanamcode Panchayat, Thiruvithancode Village, and obstructing her pathway. Even according to the petitioner, the seventh respondent has patta for 31/2 cents and around her patta land, she appears to have make an encroachment.

2. In the opinion of this Court, we find more private interest in this litigation than Public Interest.

3. It is always open to the petitioner and others in the locality to file a suit under Section 91 of Code of Civil Procedure for removal of such encroachment. Hence, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // /06/2022 Sub Assistant Registrar(CS) RM To 1.The District Collector, 2.The President, District Panchayat, 2/3

3.The Assistant Director, (Panchayat), 4.The President, Thickanamcode Panchayat, Thickanamcode, Kanyakumari District.

5.The Chairman Panchayat Union, Kozhiporvilai, Milagumodu Post, Thackalay, Kanyakumari District.

6.The Block Development Officer Thackalay Panchayat Union, Kozhiporvilai, Milagumodu Post, Thackalay, Kanyakumari District.

+1 CC to M/s.T. SELVAKUMARAN, Advocate ( SR-26576[F] dated 17/06/2022 ) +1 CC to M/s.SPL.GP ( SR-26853[F] dated 20/06/2022 & SR-26757[F] dated 20/06/2022 ) 17.06.2022 MGJ(27.06.2022) 3P 9C 3/3