T.MOHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Reserved on : 12.04.2016 Pronounced on : 04.05.2016 Heard Mr.P.R.Thiruneelakandan, learned counsel for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader for the respondents 1 and 3, Mr.S.Diwakar, learned Additional Government Pleader for the second respondent and Mr.R.N.Amarnath, learned counsel for the fourth respondent.

(2.) The petitioner seeks for issuance of a writ of mandamus to forbear the respondents from putting up any construction over the property, situated at Sakkangudi Village, comprised in S.Nos.4/5 and 4/6, which are classified as Paattai and S.No.3/1, which is classified as Odai .

(3.) At the outset it is pointed out that this writ petition is not a public interest litigation, but purely projecting private interest of the petitioner. The petitioner's case is that the land, comprised in Survey No.4/4B of Sakkangudi Village is his Patta land and the access to the said land is through the public road, comprised in Survey Nos.4/5 and 4/6 and if any construction is made over the public road, it would affect his ingress and egress to his property. It is further submitted that in the revenue records, the said lands are shown as Paattai and the respondents have a duty to maintain the road as it is and should not encroach into the land nor convert or re -classify the same for any other purpose. Insofar as the land in Survey No.3/1 is concerned, it is stated that in the revenue records, the same has been classified as Odai and therefore the respondents have no right to convert the same for a different purpose. The petitioner has claimed right over the land in Survey No.4/4B pursuant to the Partition Deed, dated 03.08.2012, between the petitioner's father Thiyagarajan and his brothers T.Selvaraj and T.Moorthi.