Thirumalaiyatchi .K 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 K.Thirumalaiyatchi ... Petitioner -vs1.The District Collector District Collectorate Tenkasi, Tenkasi District-627 811 2.The Tahsildar Taluk Office Tenkasi, Tenkasi District-627 811 3.The Block Development Officer Tenkasi Union Office Tenkasi, Tenkasi District-627 811 4.Kuthukalvalasai Panchayat through its Executive Officer Kuthukkalvalasai Tenkasi, Tenkasi District-627 803 5.G.Gowtham 6.G.Manoj ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the unauthorized constructions put up by the respondents 5 and 6 in Ayan Punjai Survey Nos.989/3B1, 989/3B2, 988/2B2B in Kuthukkalvalasai Village, Tenkasi Taluk, Tenkasi District, based on the petitioner's representation dated 14.06.2023.

For Petitioner :

Mr.R.Rajesh Kumar For Respondents :

Mr.M.Lingadurai Special Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] This writ petition is filed for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the unauthorized construction put up by the respondents 5 and 6 in Ayan Punjai Survey Nos.989/3B1, 989/3B2 & 988/2B2B in Kuthukkalvalasai Village, Tenkasi Taluk, Tenkasi District, based on the petitioner's representation dated 14.06.2023.

2. Even in the representation submitted by the petitioner, she has admitted that the private respondents have encroached her land by putting up a compound wall and other buildings. Since the petitioner is seeking removal of encroachment in her own land, the proper remedy available to her is to approach the Civil Court for declaration of her title and recovery of possession. Hence, we are not inclined to entertain this writ petition.

3. Accordingly, the 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, District Collectorate, Tenkasi, Tenkasi District-627 811.

2.The Tahsildar, Taluk Office, Tenkasi, Tenkasi District-627 811.

3.The Block Development Officer, Tenkasi Union Office, Tenkasi, Tenkasi District-627 811.

4.The Executive Officer, Kuthukalvalasai Panchayat, Kuthukkalvalasai, Tenkasi, Tenkasi District-627 803.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 11.07.2023