Madras High CourtWP(MD)/8481/2017dismissed

A.Martin Jegadeesan v. The District Collector

2017-08-17Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8481 of 2017 A.Martin Jegadeesan : Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

3. The Village Administrative Officer, Manpathi, Mogavanur Village and Post, Manapparai Taluk, Trichy District.

4.Thomai Velankani 5.Helen Packia Selvi : 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 evict the fourth and fifth respondents as requested by the petitioner in his representation dated 31.10.2017.

For Petitioner : Mr.Chamundi Bose For R.1 to R.3 : Mr.T.S.Md.Mohideen Additional Government Pleader For R.4 & R.5 : Mr.A.N.Ramanathan

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] https://hcservices.ecourts.gov.in/hcservices/ The writ petitioner seeks removal of the encroachment committed by the fourth and fifth respondents herein as requested

by him by representation dated 31.10.2017.

2.It is seen from the materials placed on record that the nature of the land occupied by the private respondents herein is what is known as natham. It appears that the writ petitioner is aggrieved by infringement of the easementary right of access. It is not a case of encroachment of any public street or pathway. Therefore this Court is not in a position to grant any relief in this writ petition. This Writ Petition stands dismissed. No costs Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

3. The Village Administrative Officer, Manpathi, Mogavanur Village and Post, Manapparai Taluk, Trichy District.

+ 1 CC TO Mr.A.N.RAMANATHAN, ADVOCATE IN SR No. 72789 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 73070 TSG TE/KP/SAR-IV : 06/11/2017 : 2P/6C Order made in W.P.(MD)No.8481 of 2017 dated: 17.08.2017 https://hcservices.ecourts.gov.in/hcservices/