Madras High CourtWP(MD)/8107/2013dismissed

G.Cross Raj, 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.8107 of 2013 G.Cross Raj : Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Block Development Officer, Kurunthencode Panchayat Union, Kurunthencode and Post, Kanyakumari District.

3.The President, Kakkottuthalai Village Panchayat, Kurunthencode Post, Kanyakumari District.

4.S.Raghavan 5.K.Rajakumaran : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 25.04.2013 and take appropriate actions. For Petitioner : Mr.J.John Jayakumar For Respondent No.1: Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent No.2&4: No Appearance For Respondent No.3 : Mr.S.Satheesh Kumar For Respondent No.5 : Mr.S.Bharathy Kannan

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The prayer of the writ petitioner is for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 25.04.2013 and to take appropriate action for removal of encroachment.

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2. We have heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the private respondents. We have also gone through the records.

3. On perusal of the records, it is seen that the grievance of the writ petitioner is in respect of a patta land and not in respect of any public land. Therefore, no Mandamus could be issued as prayed for by the writ petitioner. It is open to the writ petitioner to vindicate his grievances through the concerned Civil Forum.

4. The Writ Petition is dismissed with the above observation. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The District Collector, Kanyakumari District, Nagercoil.

+1cc to M/s.S.Bharathykannan,Advocate,SR.67215 +1cc to Mr.J.John Jayakumar,Advocate,SR .67185 W.P.[MD].No.8107 of 2013 24.07.2017 SML KK/GT/SAR2/31.07.2017/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/