Madras High CourtWP(MD)/11287/2024closed

M.Singam v. The District Collector

2024-05-22Honourable Ms Justice R.N.Manjula4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P(MD).No.10032 of 2024 M.Singam ... Petitioner vs.

1.The District Collector Madurai District, Madurai 2.The Block Development Officer Thirunagar Union Office, Thirupparankundram Taluk, Madurai District 3.The President Vadapalanji Village Panchayat, Vadapalanji, Madurai District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents more particularly the 3rd respondent from fixing the water pipe line in the petitioner's patta land comprised in Survey Nos. 92/1B2 and 92/1B3 situated at Thenpalanji Village, Thirupparankundram Sub Division, Thirupparankundram Taluk, Madurai District by considering the petitioners representation dated 09.05.2024 forthwith. 1/4

For Petitioner :

Mr.J.Sankarapandian For Respondents :

Mr.A.Baskaran, Additional Government Pleader

O R D E R

Heard Mr.J.Sankarapandian, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus forbearing the respondents more particularly the 3rd respondent from fixing the water pipe line in the his patta land comprised in Survey Nos. 92/1B2 and 92/1B3 situated at Thenpalanji Village, Thirupparankundram Sub Division, Thirupparankundram Taluk, Madurai District by considering his representation dated 09.05.2024 forthwith.

3. When the matter is taken up for hearing, Mr.A.Baskaran, learned Additional Government Pleader submitted that as of now, no pipeline is being laid in the property of the petitioner and that the petitioner has encroached the Government lands and filed this writ 2/4

petition without any locus standi.

4. Since it is claimed by the respondents that the petitioner has encroached the Government lands, if the petitioner intends to claim title over the property, the rightful remedy open to him is to file a civil suit.

5. With the above observations, the writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. 22.05.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The District Collector Madurai District, Madurai 2.The Block Development Officer Thirunagar Union Office, Thirupparankundram Taluk, Madurai District 3.The President Vadapalanji Village Panchayat, Vadapalanji, Madurai District 3/4

R.N.MANJULA, J.

mbi 22.05.2024 4/4