Madras High CourtWP(MD)/12382/2022disposed of

Senthilkumar G v. The District Collector

2022-06-20Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.12382 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA W.P.(MD)No.12382 of 2022 G.Senthilkumar : Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai 2.The Tahsildar, O/o. The Tahsildar Sivagangai Sivagangai 3.The Correspondent M/s.Vivekananda Matriculation School Mettupatti Village, Keelapoongudi Post Sivagangai District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to consider the representation of the petitioner dated 16.04.2022.

For Petitioner : Mr.M.Ganesan For Respondents : Mr.D.Sadiq Raja Nos.1 & 2 Additional Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the respondent No.3 has made encroachments in S.No.192/4 in Mettupatti Village, Sivagangai Taluk, Sivagangai District, the petitioner has given a representation and thereafter filed the present writ petition for a direction to the respondent Nos.1 and 2 to dispose of the representation.

2. In the opinion of this Court, a mandamus can be issued only to direct the public authorities to perform a statutory duty. There is no statutory duty cast upon the respondents 1 and 2 to dispose of the representation. That apart, if the petitioner is of the view that there has been encroachments by the third respondent in a cart way, it is always open to the petitioner, who himself is a Lawyer, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12382 of 2022 and others, to file a suit under Section 91 of the Code of Civil Procedure for removal of encroachments in the manner known to law, provided, such suit is within limitation.

3. With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR To 1.The District Collector, Office of the District Collector, Sivagangai 2.The Tahsildar, O/o. The Tahsildar Sivagangai Sivagangai +1 CC to M/s.SPL.GP ( SR-27134[F] dated 21/06/2022 ) +1 CC to M/s.M. GANESAN, Advocate ( SR-27428[F] dated 22/06/2022 ) Order made in W.P.(MD)No.12382 of 2022 20.06.2022 vr(CO) TR(28.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2