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Madras High CourtWP(MD)/2044/2013closed

E.V. Maharajan, v. The District Collector,

2017-07-04Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2044 of 2013 E.V.Maharajan ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Vilathikulam, Thoothukudi District.

4.Kaliappan, Retired Constable, Hospital Road, Vilathikulam, Thoothukudi District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment and unauthorized construction made by the fourth respondent by encroaching the public path of Government poramboke land in leading to the S.Nos.37/4A at Vilathikulam Taluk, Thoothukudi District considering the petitioner's representations dated05.03.2012 and 20.01.2012 to the respondents 1 to 3 within the period that may be stipulated by this Court.

For Petitioner : Mr.K.Gokul For Respondents : Mr.T.S.Md.Mohideen, AGP for RR1 to 3 Mr.C.Sasikumar, for Mr.M.Subash Babu for R4 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Order of the Court was made by K.K.SASIDHARAN, J. The petitioner is only an agreement holder. The petitioner seeks direction to the respondents 1 to 3 to remove the encroachment made by the fourth respondent.

2.There is no question of issuing a mandamus at the instance of an agreement holder, who has no right or title in respect of the land, which is situated adjacent to the encroached path way and the residence of the fourth respondent. It is open to the land owner to take up the matter with the authorities, if he is so aggrieved.

3.The writ petition is closed with the above observation. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Vilathikulam, Thoothukudi District.

+One cc to Mr.M.Subash Babu, Advocate, SR.No.63913 +One cc to The Special Government Pleader, SR.No.63493 Arul RL/6C/2P/KP/SAR1/12/7/2017 W.P(MD)No.2044 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 04.07.2017