K.Manikandan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Manikandan ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Block Development Officer, T.Kallupatti Panchayat Union, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai District.

4.The Superintendent of Police, Madurai District, Madurai.

5.The Inspector of Police, Peraiyur Police Station, Peraiyur, Madurai District.

6.Chelladurai 1/5

7.Kani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take necessary action to remove the encroachment made in the public pathway situated at Sriramajeyam Nagar, Peraiyur Taluk, Madurai District by sixth and seventh respondents herein duly considering the petitioner's representation, dated 17.06.2017 within a time stipulated by this Court. For Petitioner : No appearance For RR 1 to 3 : Mr.N.GA.Nataraj Government Advocate For RR 4 & 5 : Mr.T.Senthil Kumar Additional Public Prosecutor For RR 6 & 7 : No appearance

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 5 to take necessary action to remove the encroachment made in the public pathway situated at Sriramajeyam Nagar, Peraiyur Taluk, Madurai District by sixth and seventh 2/5

respondents by considering the petitioner's representation, dated 17.06.2017.

2.Seeking to remove the encroachment made by the respondents 6 and 7, the petitioner has given a representation, dated 17.06.2017 to the respondents 1 to 5.

3.When the matter was taken up for hearing today, there is no representation for the petitioner.

4.The counter-affidavit filed by the third respondent shows that the land in dispute is nothing but a private property and therefore, the claim of the petitioner is unsustainable.

5.In view of the same, this Writ Petition is dismissed. No costs. [R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 13.09.2022 Internet : Yes ps 3/5

To 1.The District Revenue Officer, Karur District, Karur.

2.The Revenue Divisional Officer, Aravakurichi Division, Aravakurichi Taluk, Karur District.

3.The Tahsildar, Aravakurichi Taluk, Karur.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 13.09.2022 5/5