Irudayaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 Irudaya Raj ... Petitioner vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's representation dated 29.04.2014 within the time stipulated by this Court.

For Petitioner : Mr.R.Anand For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader 1/5

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents to consider and dispose of his representation dated 29.04.2014 within the time stipulated by this Court.

2.According to the petitioner, one Manoharan has erected a Board by encroaching his land, on behalf of the respondents, mentioning "Mahatma Gandhi National Rural Employment Guarantee Scheme" with an intention to advertise such scheme. Seeking to take action as against the said Manoharan and to remove the Board, the petitioner made a representation dated 29.04.2014 to the respondents. Since the said representation has not been considered, the present Writ Petition has been filed.

3.When the matter was taken up hearing today, the learned Additional Government Pleader appearing for the respondents has produced a communication in Na.Ka.No.B6/134/2024, dated 18.01.2024 and 2/5

submitted that on 12.01.2024, the Village Administrative Officer, Sithamangalam Village and the Firka Surveyor, Mangalakudi conducted a survey in the subject land and found that a road has been laid only in Survey No.73, which is classified as Government poramboke (cart track) and no road has been laid in the petitioner's land in Survey No.72/7B1. Further, the Board which is alleged to have been erected by the said Manokaran is not found in the petitioner's land. 4.In view of the above communication of the Tahsildar, Thiruvadanai Taluk, we are of the view that the allegation made by the petitioner is totally false and hence, we are not inclined to entertain the Writ Petition.

5.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 24.01.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

4/5

D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 24.01.2024 5/5