(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this writ petitioin to remove the encroachment stated to have been caused by the fifth respondent.
2.The property in S.No.56, which is the subject matter of this writ petition belongs to the community people as it was bequethed by the original owner.
3.It is the grievance of the petitioner that fifth respondent encroached into the said property and put up construction.
4.The Writ of Mandamus is not the proper remedy for removing the encroachment in respect of a private land. It is always open to the petitioner to file a civil suit. We are informed that there are two civil suits pending in O.S.No.34 of 2010 and 73 of 2014 on the file of the Subordinate Court, Theni. In any case, we do not find any reason to issue a Mandamus as prayed for by the petitioner in the writ petition.
6.In the result, the writ petition is dismissed. However, we make it clear that this order would not stand in the way of the petitoiner from filing civil suit for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The District Collector, Theni District.
2.The Superintendent of Police, Theni District.
3.The Tahsildar, Theni District.
4.The Executive Officer, Palanichettipatti Town Panchayat, Theni District.
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