R.Mookkan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Mookkan ... Petitioner vs.
1. The District Collector, Theni District.
2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.
3. The Tahsildar, Uthamapalayam Taluk, Theni District.
4. The Executive Officer, Chinnaovulapuram, Theni District.
5. Dharmangathan
6. Selvan
7. Kasirajan
8. Siva ... Respondents Page No.1 of 4
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 encroachments made by the respondents 5 to 8 and others, in the northern street, measuring 6 Cents comprised in S.No.34/2 in Chinna Ovulapuram Village in Uthamapalayam Taluk, Theni District, after cancelling the wrong patta given to them to the said street, by disposing the petitioner's representation dated 11/02/2019.
For Petitioner : Mr.R.Suriyanarayanan For R1 to R4 : Mr.S.Shaji Bino, Special Government Pleader For R5 to R8 : Mr.P.Santhosh Kumar
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The very prayer in the writ petition states that for the lands comprised in Survey No.34/2, at Chinna Ovulapuram Village, Uthamapalayam Taluk, Theni District, patta has been granted in favour of the respondents 5 to
8. If that be so, we fail to understand as to how the petitioner herein can claim that the respondents 5 to 8 have encroached upon the said land. We also find from the records that the suit filed by the petitioner in O.S.No.229 of 2009, seeking for declaratory relief is claimed to have been rejected. Page No.2 of 4
2.
Since this is not a case of encroachment, no effective orders can be passed to the prayer sought for in the writ petition. 3.
Accordingly, the Writ Petition stands dismissed. No costs. (M.S.R, J.) (A.D.M.C, J.) 23.01.2025 Index : Yes / No : Yes / No bala To
1. The District Collector, Theni District.
2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.
3. The Tahsildar, Uthamapalayam Taluk, Theni District.
4. The Executive Officer, Chinnaovulapuram, Theni District.
Page No.3 of 4
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 23.01.2025 Page No.4 of 4