Madras High CourtWP(MD)/2088/2017disposed of

Mohamed Haniba v. The District Collector

2017-07-19Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2088 of 2017 and W.M.P(MD)No.1740 of 2017 Mohamed Haniba .. Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Palani, Dindigul District.

3.The Thasildar, Vedasandur Taluk, Dindigul District.

4.The Executive Officer, Ayyallur Town Panchayat Office, Ayyalur, Vedasandur Taluk, Dindigul District.

5.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to remove the encroachment and commercial complex made in my lands in S.No.935/1B9 to an extent 6 cents situated at Ayylure Village, Vedasandur Taluk, Dindigul District and further directed to the third respondent to measure the petitioner's land and handover to the petitioner on the basis of the representation dated 27.12.2016.

For petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader for R-1 to 3 and R-5 https://hcservices.ecourts.gov.in/hcservices/ Mr.M.Raja Rajan for R-4

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 3 to remove the encroachment stated to have been made by the fourth respondent in his patta land in S.No.935/1B9, situated at Ayylure Village, Vedasandur Taluk, Dindigul District.

2. There is no question of issuance of the Writ of Mandamus to remove the building stated to have been constructed by the fourth respondent in his land. We make it clear that the petitioner has to establish his right by approaching the appropriate civil Court.

3. The writ petition is disposed of with the above observation. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- ASSISTANT REGISTRAR(CS-I) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector, Dindigul,Dindigul District.

2.The District Revenue Officer, Palani,Dindigul District.

3.The Thasildar, Vedasandur Taluk,Dindigul District.

4.The Executive Officer, Ayyallur Town Panchayat Office, Ayyalur, Vedasandur Taluk,Dindigul District.

5.The Inspector of Police, Vadamadurai Police Station, Vadamadurai,Dindigul District.

+1 CC TO MR.G.GOMATHI SANKAR, ADVOCATE,SR NO.66459 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.66981 sm/ssl MAS/SKN-RSK/SAR1:01.08.2017:2P-8C W.P.(MD)No.2088 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/