Madras High CourtWP(MD)/2893/2013dismissed

Shahjathi Bi v. The District Collector

2017-07-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.2893 of 2013 1.Shahjathi bi 2.Mohammed Babu : Petitioners Vs.

1. The District Collector, Office of the District Collector, Trichy.

2. Thirchirapalli Co-operative Housing Development Society, Thillainagar, Trichy.

3. Trichy Uraiyur Co-operative Housing Development Society, Uraiyur, Trichy.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to remove the encroachment made in Trichy District, Pudhur Village, Survey No.122A/40 and Thennur Village Survey No.90/109/110/118/141/196/610/187, by considering the petitioners' representation dated 26.12.2011, within a stipulated period.

For Petitioners : No Appearance For Respondent No.1 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent No.2 : Mr.A.S.Sivasamy, For Mr.K.C.Ramalingam For Respondent No.3 : Mr.K.Raja Prabhkar, For Mr.J.Gunaseelan Muthiah *******

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioners seek a direction to the first respondent for removal of encroachment in the Survey Numbers in question. https://hcservices.ecourts.gov.in/hcservices/

2. None appears on behalf of the writ petitioners. We have heard the learned Additional Government Pleader for the first

respondent, the learned counsel for the second respondent and also the learned counsel appearing for the third respondent.

3. The writ petitioners have given a representation dated 26.12.2011 in this regard to the first respondent. There is nothing on record to show that the subject property falls within the jurisdiction of Revenue Authorities. Therefore, no Mandamus can be issued as prayed for by the writ petitioners.

4. In the result, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The District Collector, Office of the District Collector, Trichy.

+1cc to Mr.K.C.Ramalingam, Advocate Sr.No.62537 +1cc to Spl.Government Pleader Sr.No.67925 SML VB/SKN/RSK/SAR2/03.08.2017/2P/4C Order made in W.P.[MD].No.2893 of 2013 24.07.2017 https://hcservices.ecourts.gov.in/hcservices/