Madras High CourtWP(MD)/3806/2017dismissed

V.Alagan v. The District Collector

2017-08-02Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3806 of 2017 V.Alagan : Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Melur Taluk, Madurai District.

3.Alagu : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to remove the encroachments made by the third respondent in Pattaneri Rock, situated in S.No.348/1 in Kambur Village, Melur Taluk, Madurai District.

For Petitioner : No Appearance For R1 & R2, : Mr.M.Govindan Special Government Pleader For Respondent No.3 : Mr.P.Bhaskar *******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition in Pro bono publico to direct the respondents 1 and 2 to remove the encroachment said to have been made by the third respondent in respect to the land in Survey No.348/1 in Kambur Village, Melur Taluk, Madurai District.

2.The learned Counsel for the third respondent submitted that the petitioner is none other than the brother-in-law of the third respondent. There is a property dispute between the petitioner and the third respondent.

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3.The present writ petition is filed only to threaten the third respondent and to submit to his terms. There is no element of public interest involving in this writ petition. The writ petition is nothing but private interest writ petition covered under the name of public interest litigation. The writ petition being filed for the purpose of protecting the private interest is not maintainable.

4.We therefore do not find any reason to issue a writ of mandamus as prayed for in the writ petition. The writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, Madurai District. CM/tsg AE/SKN RSK/SAR3/17.08.2017/2P/3C Order made in W.P.(MD)No.3806 of 2017 dated: 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/