Veerasakthivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Veerasakthivel ... Petitioner -vs1.The District Collector Trichirappalli District Trichirappalli 2.The Director of Panchayat Trichirappalli District Trichirappalli 3.The Tahsildar Sirangam Tahsildar Tirchirappalli 4.The Block Development Officer Anthanallur Panchayat Union Office Jeeyapuram, Trichirappalli District 5.The President Thirupparaithurai Panchayat Office Srirangam Taluk Tiruchirappalli District

6.Manikkam 7.Manokaran 8.Viswanathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove and demolish unauthorized building construction made by the respondents 5 to 8 in Survey No.25/2, in Patta No.676, in extent of 0.01.92 at Kamarajar Nagar, Thirupparainthurai Village, Srirangam Taluk, Trichirappalli, based on the petitioner's representation dated 11.03.2023, within a time stipulated by this Court.

For Petitioner :

Mr.T.P.Balasubramanian For Respondents :

Mr.T.Villavan Kothai Additional Government Pleader for R1 to R3 Mr.J.K.Jeyaseelan Government Advocate for R4 & R5

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.T.Villavan Kothai, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and Mr.J.K.Jeyaseelan, learned Government Advocate, takes notice for the respondents 4 & 5.

2. This writ petition is filed for issuance of a writ of mandamus directing the respondents 1 to 5 to remove and demolish the unauthorized building construction made by the respondents 6 to 8 in Survey No.25/2, in Patta No.676, of Thirupparaithurai Village, Srirangam Taluk, Trichirappalli District.

3. It is the case of the petitioner that an extent of 0.01.92 Hectares in Survey No.25/2 in Kamarajar Nagar, is encroached by the respondents 6 to 8 and that they have also put up a construction.

4. The encroachment alleged is in a private patta land. Though the petitioner states that the construction put up by the respondents 6 to 8 is not as per the approved plan, his grievance is about the encroachment by the third parties in his own private property. The officials can take, initiate action for removal of encroachment, only if it is in a public land. The petitioner's main grievance being removal of encroachment in his own land, he is entitled to approach the Civil Court for declaration of his title and recovery of possession. Since the petitioner has an effective alternative remedy of approaching the Civil Court to vent his grievance, this Court is not inclined to entertain this writ petition.

5. Accordingly, this writ petition is dismissed. No costs. [S.S.S.R., J.] [D.B.C., J.] 11.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichirappalli District, Trichirappalli.

2.The Director of Panchayat, Trichirappalli District, Trichirappalli.

3.The Tahsildar, Sirangam Tahsildar, Tirchirappalli.

4.The Block Development Officer, Anthanallur Panchayat Union Office, Jeeyapuram, Trichirappalli District.

5.The President, Thirupparaithurai Panchayat Office, Srirangam Taluk, Tiruchirappalli District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 11.07.2023