Madras High CourtWP(MD)/20969/2024dismissed

A.Manokaran v. The District Collector / The Chair Person

2024-09-03Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Manokaran ... Petitioner -vs1.The District Collector / The Chairperson, The District Monitoring Committee, Madurai District.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Thasildar, Usilampatti, Madurai District.

4.The Superintendent of Police, Madurai District.

5.The Deputy Superintendent of Police, Usilampatti, Madurai District.

6.T.Parthiban 7.P.Gopi ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 and 7 in Government Poramboke land in Survey No.406/3 to an extent of 40 cents, situated at Valandur Village, Usilampatti Taluk, Madurai District, by considering and disposing of the representation dated 05.07.2024, within stipulated time as may be fixed by this Court.

For Petitioner : Mr.D.Anbarasu For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R4 and R5 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing for the respondents 1 to 3 submits that this is the third round of litigation.

2. According to him, the petitioner seeks to espouse his right of pathway over the Poramboke land, which is classified as ''Natham Vacant Site'' [ej;jk; fhyp ,lk;] in the revenue records. Admittedly, there is a Temple

in existence and the private respondents are claiming a right over the Temple. These are issues which could be conveniently decided only in appropriate Civil Court. Hence, we see no reason to issue a Writ of Mandamus as prayed for. This Writ Petition, is, therefore, dismissed. No costs. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.09.2024 smn2 To:- 1.The District Collector / The Chairperson, The District Monitoring Committee, Madurai District.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Thasildar, Usilampatti, Madurai District.

4.The Superintendent of Police, Madurai District.

5.The Deputy Superintendent of Police, Usilampatti, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 03.09.2024