Petitioner sought mandamus to remove alleged encroachments on land in Kumbakonam and to consider his pending representation. The Government Pleader stated the subject land was private patta land, so authorities could not act on the request. The High Court dismissed the petition, leaving the petitioner free to approach an appropriate forum.
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W.P(MD)No.11729 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.11729 of 2025
Jayapal
... Petitioner
vs.
3.The Tahsildar, Kumbakonam Taluk Office, Thanjavur District.
PRAYER : Writ 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
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W.P(MD)No.11729 of 2025
remove the illegal encroachments made in the land comprised in S.No.1345 situated at Mariammankovil, Survey Ward No.3, Pettai Vadakku, Melatheru, Kumbakonam Town by considering the petitioner's representation dated 21.02.2025 within the time stipulated by this Court.
For Petitioner : Mr.B.Jameel Arasu
For RR 1 to 3 : Mr.J.Ashok Additional Government Pleader
ORDER
(Order of the Court was made by J. NISHA BANU, J.)
It is the grievance of the petitioner that his representation dated 05.03.2025, to remove the illegal encroachments made in the land comprised in S.No.1345 situated at Mariammankovil, Survey Ward No.3, Pettai Vadakku, Melatheru, Kumbakonam Town, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.
2.Mr.J.Ashok, learned Additional Government Pleader, who takes
notice for the respondents 1 to 3, on instructions, would submit that the subject land in question is a private patta land and hence, the relief sought for by the petitioner cannot be considered by the authorities concerned.
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W.P(MD)No.11729 of 2025
3.In view of the abovesaid submission, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the appropriate forum in the manner known to law, if so advised. There shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.] 24.04.2025
NCC : Yes / No Index : Yes / No Internet : Yes ps
To
1.The District Collector/Monitoring Committee, Office of the District Collector, Thanjavur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thanjavur District.
3.The Tahsildar, Kumbakonam Taluk Office, Thanjavur District.
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W.P(MD)No.11729 of 2025
J.NISHA BANU, J. and S.SRIMATHY, J.
ps
ORDER MADE IN W.P(MD)No.11729 of 2025
DATED : 24.04.2025
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1 issue framed by the court
Whether the authorities could be directed by writ of mandamus to remove encroachments from the petitioner's representation regarding S.No.1345 at Kumbakonam Town.
1 provisions across 1 enactments
Jayapal
The District Collector/Monitoring Committee, Thanjavur District
The Revenue Divisional Officer, Thanjavur District
The Tahsildar, Kumbakonam Taluk Office, Thanjavur District
Muruganantham
R.S.Ganesan
J.Nisha Banu
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
