Thamilaga Vivasayigal Sangam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.12540 of 2013 1.Thamilaga Vivasayigal Sangam rep.by its District President M.P.Chinnadurai, Melapatti.

2.Sivanandam 3.Muthuveeran 4.Sekar 5.Chandrakumar 6.Shanmugam ... Petitioners Vs.

1.The District Collector, Collectorate, Trichy. 2.The District Revenue Officer, Collectorate, Trichy - 1.

3.The Revenue Divisional Officer, Collectorate, Trichy - 1.

4.The Tahsildar, Srirangam Taluk, Srirangam, Trichy.

5.The Village Administrative Officer, Adavathoor village (West) Srirangam Taluk, Trichy.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the Respondents to take over the property which is situated at Trichirappalli District, Trichirappalli Taluk and now Srirangam Taluk, Adavathoor Village under old S.F No.144 under patta No.34 and subsequent S.F No.168 under patta No.771 later it' s new S.F No.179 the total extent of acre 19 cents 85 for conducting Thaneer Pandal Dharma Paripalanam by removing the unlawful encroachers who are encroaching in the same and to hand over the properties to the legal representative, one K.Kulandaivelu who is the legal heir of the genial ancestor Navan Chettiar and pass such further or other orders. For Petitioners : Mr.S.K.Mani For RR - 1 to 5 : Mr.M.Alagathevan Special Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This Writ petition has been filed praying to issue a direction to the respondents viz., the Revenue Authorities to remove the unlawful encroachers in new S.F No.179, total extent of acre 19 cents 85, which is meant for conducting Thaneer Pandal Dharma Paripalanam and hand over the properties to one K.Kulandaivelu, who is the legal heir of one Navan Chettiar.

2.The grievance of the petitioner is that the the Revenue Authorities should take over the properties referred to above from the encroachers and hand it over to the legal representative of one Navan Chettiar.

3.The said property belongs to a particular family and the same is meant for public cause.

4. We failed to understand how the present writ petition can be maintained by the petitioner in public interest, as it is for the socalled legal representative of Navan Chettiar viz., Kulandaivelu to work out his remedy before the Revenue Department or before the concerned Court as per law, to regain his rights over the property, if he has won. We find no cause to entertain the present writ petition in public interest and hence, this writ petition is dismissed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar mj To 1.The District Collector, Collectorate, Trichy. 2.The District Revenue Officer, Collectorate, Trichy - 1. 3.The Revenue Divisional Officer, Collectorate, Trichy - 1. 4.The Tahsildar, Srirangam Taluk, Srirangam, Trichy. 5.The Village Administrative Officer, Adavathoor village (West) Srirangam Taluk, Trichy.

GJM/AN/MP/29.9.15-2P-6C W.P.(MD)No.12540 of 2013 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/