Madras High CourtWP(MD)/12217/2017dismissed

Thangavel, S/O.Kathirvel, v. The District Collector /

2017-08-09Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12217 of 2017 Thangavel .. Petitioner Vs.

1. The District Collector/ Inspector of Panchayats, Dindigul District, Dindigul.

2. The Tahsildar, East Taluk Office, Dindigul.

3. The Dindigul Panchayat Union, through its Commissioner, Dindigul.

4. The Executive Officer, Chettinaickanpatti 1st Grade Panchayat, Chettinaickanpatti, Dindigul.

5.Arumugham .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment unauthorizedly put up by the 5th respondent in north-south Panchayat Road in the western side of the approved layout as per the proceedings in R.Dis.No.7415/1987 dated 11.08.1987 as per the proceedings of the 3rd respondent in Survey No.497/1, Chettinaickenpatti Village within the jurisdiction of 4th respondent by considering the petitioner final representation dated 23.06.2017.

For petitioner : Mr.A.Mohamed Haneef For R1 to R3 : Mr.T.S.Md.Mohideen For R4 : Mr.V.Muruganantham Additional Government Pleader For R5 : No appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] We do not find any element of public interest involved in this matter. The dispute is purely personal in nature. The petitioner and the 5th respondent are brothers. It is only to settle the personal score, the petitioner is before this Court with the present writ petition.

2.We therefore do not find any reason to issue a mandamus as prayed for by the petitioner. The writ petition is dismissed. However, we make it clear that this order would not stand in the way of the authorities from taking action against the 5th respondent, in case there is an act of encroachment. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector/ Inspector of Panchayats, Dindigul District, Dindigul.

2. The Tahsildar, East Taluk Office, Dindigul.

3. The Dindigul Panchayat Union, through its Commissioner, Dindigul.

4. The Executive Officer, Chettinaickanpatti 1st Grade Panchayat, Chettinaickanpatti, Dindigul.

+1cc to Mr.M.P.Senthil, Advocate SR.No.71782 +1cc to The Spl.Government Pleader Sr.No.72315 NS VB/JC/SAR4/23.08.2017/2P/7C ORDER MADE IN W.P(MD)No.12217 of 2017 09.08.2017 https://hcservices.ecourts.gov.in/hcservices/