S.Elangovan v. The District Collector

ORDER This writ petition has been filed for a direction to take action against the 3rd respondent for encroachment of the petitioner's subject land.

¶2Ms.Inthu Karunakaran, learned Government's counsel, takes notice on behalf of the respondents 1 & 2.

¶3By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

¶4The learned counsel for the petitioner would submit that in this case, the 3rd respondent is carrying out the construction work by encroaching the subject property, which belongs to the petitioner. Under these circumstances, a representation was filed by the petitioner, requesting the official respondents to remove the said encroachment and take action against the 3rd respondent. However, the said representation was not at all considered by the respondent till date. Hence, this petition. Page3 of 5

¶5In reply, the learned Government's counsel appearing for the respondents would submit that in this case, the grievance of the petitioner is private in nature, which cannot be entertained by the official respondents. Hence, she requests this Court to pass appropriate orders.

¶6Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶7In the case on hand, a representation was filed by the petitioner, requesting the official respondents to remove the encroachment of the 3rd respondent. However, the said representation was not considered by the official respondents.

¶8As rightly contended by the official respondents, the petitioner's representation is private in nature, which cannot be considered by the official respondent. Hence, no direction can be issued as requested by the petitioner.

¶9Further, the main grievance of the petitioner is with regard to the 3rd respondent's illegal possession of the subject property. In such case, the only remedy available to the petitioner is to approach an appropriate Civil Court. Therefore, this Court is not inclined to entertain this petition. Page4 of 5

¶10In view of the above, this writ petition is dismissed as devoid of merits. The liberty is granted to the petitioner to approach the Civil Court. No cost. Consequently, the connected miscellaneous petition is also closed. 13-07-2026 Index: Yes/No Speaking/Non-speaking order nsa To

¶1The District Collector Tiruvarur district, Tiruvarur

¶2The Tahsildar Tiruvarur Taluk, Tiruvarur taluk office, Tiruvarur WPoNo.o26825oofo2026 KRISHNANoRAMASAMYoJ. nsa WPoNo.o26825oofo2026 ANDoWMPoNO.o29370oOFo2026 13-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 29370 OF 2026 S.Elangovan S/o. Late. Subramanian, 5 Syndicate colony, Alwarthirunagar, Chennai 87 ..Petitioner(s) Vs 1. The District Collector Tiruvarur district, Tiruvarur 2. The Tahsildar Tiruvarur Taluk, Tiruvarur taluk office, Tiruvarur 3. S.Ramachandran S/o. Selvaraj, Nadutheru, Thazhakudi village, Tiruvarur taluk and district ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to take action on the 3rd respondent who encroached the petitioners land comprised in Survey No. 31/3A of No. 36 Thiyagarayapuram Village, Tiruvarur Taluk and Tiruvarur district measuring an extent of Hec 0.71.00 Ares and putting up ongoing illegal construction by considering the representation dated 9.01.2026 within a time frame that may be fixed by this Honble court and pass Page2 of 5 For Petitioner(s): Mr.K.Muruganatham For Respondent(s): Ms.Inthu Karunakaran, Govt. counsel for R1 & 2