Bensingh v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.14244 of 2022 and W.M.P(MD) Nos.10180 & 10181 of 2022 Bensingh ... Petitioner -vs1.The District Collector, Office at collector office Nagercoil, 2.The Assistant Engineer, State Highways Department, Thuckalay, Kanyakumari District.
3.The Assistant Engineer, Public Works Department, Thuckalay, Kanyakumari District.
4.The Revenue Divisional Officer, Thuckalay, Kanyakumari District.
5.The Executive Officer, Neyoor Panchayat, Neyoor, Kanyakumari District.
6.The Village Administrative Officer, Chemponvilai, Chemponvilai Post, 7.The Sub Registrar, Colachel Sub Registrar Office, Colachel, Kanyakumari District.
8.Anand Abraham 9.Manilla ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to take appropriate action to remove the encroachment made by the respondents 8 and 9 in Rsy No.513/12, 513/13 and 513/4 of Chemponvilai Village, Chemponvilai Post, Kalkulam Taluk, Kanyakumari District, considering the petitioner's representation dated 19.05.2022. For Petitioner :
Mr.G.Cenil For Respondents :
Mr.S.R.A.Ramachandran, Addl. Government Pleader for R1 to R7
O R D E R
(Made by P.N.PRAKASH, J.) Alleging that the respondents 8 and 9 have encroached into Survey Nos. 513/12, 513/13 and 513/4 in Chemponvilai Village, Chemponvilai Post, Kalkulam Taluk, Kanyakumari District, the petitioner addressed a representation dated 19.05.2022 and since the same has not been
considered, this public interest litigation has been filed for a direction to the respondents 1 to 7 to dispose of the representation and remove the encroachments.
2. Today, Mr.A.Muthirulappan, Assistant, Highways Department, is present before this Court.
3. On instructions, Mr.S.R.A.Ramachandran, learned Additional Government Pleader submitted that Survey No.485 in Chemponvilai Village, is in the possession of the State Highways Department and notice to the encroachers thereon has been issued. As regards Survey Nos.513/12, 513/13 and 513/4, he contended that the lands do not belong to the State Highway Department. He further submitted that Survey Nos. 513/12, 513/13 and 513/4 are patta lands belonging to respondents 8 and 9, which is refuted by the learned counsel for the petitioner.
4. Be that as it may, the petitioner has not placed any Revenue records before us to come to the conclusion that Survey Nos. 523/12, 523/13 and 523/4 are Government lands. That apart, there is no statutory duty cast upon for the respondents 1 to 7 to dispose of the representation
of the petitioner. In the absence of statutory duty, a writ of mandamus cannot be issued.
5. In the result, this writ petition is dismissed as being devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed.
[P.N.P., J.] [R.H., J.] 06.07.2022 Index : Yes / No Internet : Yes / No pkn To:
1.The District Collector, Office at collector office Nagercoil, 2.The Assistant Engineer, State Highways Department, Thuckalay, Kanyakumari District.
3.The Assistant Engineer, Public Works Department, Thuckalay, Kanyakumari District.
4.The Revenue Divisional Officer, Thuckalay, Kanyakumari District.
5.The Executive Officer, Neyoor Panchayat, Neyoor, Kanyakumari District.
6.The Village Administrative Officer, Chemponvilai, Chemponvilai Post, 7.The Sub Registrar, Colachel Sub Registrar Office, Colachel, Kanyakumari District.
Copy to:- 8.Anand Abraham S/o.Masillamani, Water Tank Road, Nagercoil, Kanyakumari District.
9.Manilla W/o.Anand Abraham, Water Tank Road, Nagercoil, Kanyakumari District.
P.N.PRAKASH , J.
and R.HEMALATHA , J.
pkn W.P.(MD) No.14244 of 2022 06.07.2022