C.V.Sivakumaar v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE SUNDER MOHAN C.V.Sivakumaar ... Petitioner -vs1.The District Collector / Monitoring Committee, Office of the District Collector, Trichy.

2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.

3.The Joint Commissioner, Local Planning Authority, Kajamalai, Trichy.

4.Sarfudeen, S/o.Mohammadia Masjid ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to restrain the fourth respondent and his men from in any manner putting up any construction in the

petitioner's property comprised in S.No.24/2A, situated at Pinankar Street, Somarasanpettai in Srirangam Taluk, Trichy District, except in accordance with law by considering the petitioner's representation dated 18.07.2024. For Petitioner : Mr.B.Jameel Arasu For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner claims that the fourth respondent has encroached upon his property and constructed unauthorized structures. However, considering the fact that the claim involves a private party's encroachment on private land, we do not think the Writ Petition can be entertained. Hence, this Writ Petition is dismissed with liberty to the petitioner to approach the appropriate Civil Court. No costs.

NCC : No [R.S.M., J.] [S.M., J.] Index : No 23.09.2024 smn2

To:- 1.The District Collector / Monitoring Committee, Office of the District Collector, Trichy.

2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.

3.The Joint Commissioner, Local Planning Authority, Kajamalai, Trichy.

R.SUBRAMANIAN , J.

and SUNDER MOHAN , J.

smn2 23.09.2024