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[Cites 1, Cited by 0]

Madras High Court

M.C.Thamilvalavan vs The District Collector on 13 March, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

    2024:MHC:1439

                                                                              W.P.No.34265 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 13.03.2024

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                         AND
                                  THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                                  W.P.No.34265 of 2017
                                                          and
                                                 W.M.P.No.38147 of 2017

                     M.C.Thamilvalavan                                    ... Petitioner

                                                          Vs.

                     1.The District Collector,
                       Thiruvallur District,
                       Thiruvallur.

                     2.Revenue Divisional Officer,
                       Thiruvallur (Sub Division),
                       Thiruvallur.

                     3.Thasildar,
                       Thiruvallur Taluk Office,
                       Thiruvallur.

                     4.The General Manager,
                       Caterpillar Pvt. Ltd.,
                       Manavala Nagar,
                       Mel Nallathur Village & Post,
                       Thiruvallur District.                              ... Respondents


                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.34265 of 2017

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, to consider the petitioner's representation
                     dated 03.07.2017 submitted to the respondents and remove the compound
                     wall constructed by the 4th respondent and recover the Government land
                     (Parayan Kuttai) in Survey No.43/5 and permit all the villages and the cattle
                     to use the pond and to direct the 4th respondent to restore the pond to its
                     original state which was closed by the 4th respondent.

                                       For Petitioner          : Mr.S.Arokia Maniraj

                                       For R1 to R3            : Mr.A.Selvendran
                                                                 Special Government Pleader

                                       For R4                  : Mr.M.S.Krishnan
                                                                 Senior Advocate
                                                                 For Mr.K.Gowtham Kumar

                                                               : Ms.S.Varsha
                                                                 Advocate Commissioner




                                                          ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is to direct the respondents to consider the representation submitted by the writ petitioner on 03.07.2017 for evicting the 4th respondent from the subject property more Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.34265 of 2017 fully described in the present writ petition.

2. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would submit that the authorities conducted a field inspection, verified the revenue records and found that there is no encroachment.

3. The learned Advocate Commissioner appointed by this Court also submitted a report stating that there are no encroachments.

4. However, the learned counsel for the petitioner disputed the said statement by the learned Special Government Pleader and the report submitted by the learned Advocate Commissioner.

5. Such disputed facts cannot be adjudicated in a writ proceeding under Article 226 of the Constitution of India. If at all the petitioner claims right of civil nature, he has to approach the Competent Civil Court of Law for the purpose of crystallizing his civil rights based on documents and evidences available on record. However, High Court in writ proceedings, in the absence Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.34265 of 2017 of any record to establish that there are encroachments cannot issue a direction to remove the same.

6. Accordingly, this Writ Petition stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                      [S.M.S., J.]    [K.R.S., J.]
                                                                              13.03.2024
                     Jeni
                     Index : Yes
                     Speaking order
                     Neutral Citation : Yes

                     To

                     1.The District Collector,
                       Thiruvallur District,
                       Thiruvallur.

2.The Revenue Divisional Officer, Thiruvallur (Sub Division), Thiruvallur.

3.The Thasildar, Thiruvallur Taluk Office, Thiruvallur.

Page 4 of 5

https://www.mhc.tn.gov.in/judis W.P.No.34265 of 2017 S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni W.P.No.34265 of 2017 13.03.2024 Page 5 of 5 https://www.mhc.tn.gov.in/judis