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2024 DIGILAW 1645 (MAD)

V. Isakkiappan v. District Collector / Monitoring Committee, Kanyakumari District

2024-07-22

G.ARUL MURUGAN, R.SURESH KUMAR

body2024
ORDER : R.SURESH KUMAR, J. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District within a time frame as fixed by this Conduct. The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District. 2.The property at Plot No.65 in S.No.202/2, admittedly is an allotted property for the petitioner by the Government. In that property, it is the allegation of the petitioner that the seventh respondent has encroached upon. Therefore, to remove the same, this Writ Petition has been filed by the petitioner. 3.Heard the learned Counsel appearing on either side. 4.Since it is an admitted fact that, the property in question is an allotted property, exclusively for the petitioner, therefore it has become his absolute property, of course, with certain conditions imposed by the authorities. In that property, if there has been any encroachment by the private party namely, the seventh respondent it is necessarily be a lis between the petitioner and the seventh respondent, which shall be resolved only by approaching the Civil Court by letting in evidence and such a lis cannot be resolved by this Court under Article 226 of the Constitution of India. Therefore, the prayer sought for in the present writ petition is not feasible to be considered. Hence, this Writ Petition fails. 5.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.