Madras High CourtWP(MD)/13695/2011dismissed

K. Veera Samy, v. The District Collectotr

2016-02-11Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.13695 of 2011 and M.P(MD).No.1 of 2011 K.Veera samy ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Tahsildar, Bodinayakanur Taluk, Theni District.

3.The Executive Officer, Boodhipuram Town Panchayat, Bodinayakanur Taluk, Theni District.

4.O.Murugavel ...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the proceedings of the 3rd respondent vide Na.Ka.No.172/2011 dated 25.11.2011 and quash the same.

For petitioner : Mr.B.Brijesh Kishore For R.1 to 3 : Mr.J.Gunaseelan Muthiah Govt.Advocate For R.4 : Mr.P.Arun Jayatram

ORDER

When the matter is taken-up for hearing, the learned Government Advocate through the counter affidavit submitted that as per the Revenue Authorities have surveyed the land and found that the petitioner has encroached certain lands adjacent to the petitioner's house. As per the revenue records, the worshipping spot in question is classified as street. The encroached land belongs to the Town Panchayat. 2.

Heard the submissions of the learned Counsel for the petitioner as well as the learned Govt.Advocate for the respondents.

3. In view of the same, the land in question belongs to the third respondent and the petitioner has no locus to claim the said land. Therefore, I do not find any reason to quash the reasoned order passed by https://hcservices.ecourts.gov.in/hcservices/

the third respondent and consequently, I direct the third respondent to proceed with the notice dated 25.11.2011 in the manner known to law.

4. This Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /True copy/ Sub AssistantRegistrar To 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Bodinayakanur Taluk, Theni District.

3.The Executive Officer, Boodhipuram Town Panchayat, Bodinayakanur Taluk, Theni District.

+1cc to M/s.P.Arun Jayatram, Advocate SR.No.8735 sm:GSV-AN:AR I:23.2.2016:2P/5c W.P(MD).No.13695 of 2011 11.02.2016 https://hcservices.ecourts.gov.in/hcservices/