IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No: OF 2024
Mohammed Ismail,
S/o. Abdul Wahap,
13/168, Jai Nagar 3rd Street,
Manikarampalayam Road,
Rakkiyapalayam,
Tiruppur District. …Petitioner
-Vs-
1 The District Collector,
Tiruppur District.
Tiruppur.
2. The commissioner,
Municipality office,
Tiruppur District -1.
3. The Thasildar South,
South Thasildar office,
Sevanthampalayam,
Tiruppur -6.
4. The land Surveyor,
Town Survey inspector,
South Town Surveyor office,
Municipality office,
Tiruppur District.
5. Jayanthi,
W/o. Senthil Kuppusamy,
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Door No.83, Kuppanachettiyar Street,
Palladam Road,
Tiruppur City,
TIruppur District. …….Respondents
AFFIDAVIT
I, Mohammed Ismail, S/o. Abdul Wahap, Muslim aged about
64 years residing at 13/168, Jai Nagar 3rd Street,
Manikarampalayam Road, Rakkiyapalayam, Tiruppur
District, now temporarily come down to Chennai, do hereby
solemnly affirm and sincerely states as follows:-
1. I submit that I am the petitioner herein and as such I
am well acquainted with the facts and circumstances of the
case and I had not filed any other similar nature of writ
petition seeking the same relief before this Hon’ble court.
2. I submit that I am residing in the above said address
with my family. The property to extent 11369 Square feet
situated in town survey number 375 (Old S.F.No. 193/23,)
at Kuppannachettiyar street, Tiruppur was allotted to my
mother by way of partition deed dated 23.05.1991.
Thereafter government authorities assigned new town
survey number 8, ward B, Block 226 for administrative
purpose. After that my mother had enjoyed the above
property till her life time. After
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her death, her legal heirs enjoying the same without any
hindrance from anybody. We are using the pathway to our
property through town survey number 24, Block 226,
Kuppannachettiyar street, Tiruppur, which is classified as
Road (Santhu/Kuppannachettiyarveethi) as per Revenue
records.
3. I submit that we had only ingress and egress, through
town survey number 24, Block 226 and there is no other
way to access my property. While being so, 5 th respondent
had got the property in Town Survey Number 29, 30, and
31 Kuppannachettiyar street, Tiruppur vide settlement
deed dated 18.08.2023. The 5th respondent had started the
construction by encroaching town survey No.24, in Block
226 road and same prevented to reach my property. The
same not only caused to disturbance to me and same
caused the great disturbance to other peoples also. Even
now I am filing this writ petition for my personal cause only.
4. I submit that thereafter I had made request with the
2nd and 3rd respondent in person requesting them to take
appropriate action against the 5th respondent. But the 2nd
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and 3rd respondents did not take any action upon my
request. Hence finally I had send the representation on
25.08.2024 to the respondent 1 to 4 through post
requesting the respondents to remove the encroachment in
the road. Unless the road maintained as road, I will not
reach my property and official respondents are guardian of
public property. More particularly, official respondents
should keep the public road encroachment free. My typeset
may be read as part of this affidavit.
5. I submit that therefore being left with no other
efficacious alternative remedy except to approach this
Hon’ble court seeking a writ of Mandamus directing the
3rdrespondent to dispose my representation. Unless and
until the same is ordered I will be put too much loss and
hardships.
Under the above said circumstance it is most humbly
prayed that this Hon’ble Court may be pleased to issue a
Writ and in particular a Writ of Mandamus or any other
writ or order or orders of direction in the nature of writ
directing the
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2nd Respondent to dispose petitioner’s representation dated
25.08.2024 within time framed manner and pass such
further or other order as this Hon’ble Court may deems fit
and proper in the circumstances of the case and thus
render justice.
Solemnly affirmed at Thiruppur Before Me
on this day of October 2024
And signed his name
In my presence.
Advocate,
Thiruppur
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No: OF 2024
Mohammed Ismail, …Petitioner
-Vs-
1 The District Collector,
And others. ....Respondents
I/We the petitioners in the above Petition do hereby appoint
and retain K.SUDHAKAR
Advocates of the High Court to appear us in the above petition and to
conduct and prosecute (or defend) the same and all proceedings that may
be taken in respect of any application connected with the same or any
decree or order passed therein including all applications for return of
documents or the receipt to any moneys that may be payable to us in the
said petition and also in appeal under Section 15 of the Letters Patent and
application for leave to the Supreme Court of India and in all applications
for review Judgement.
I Certify that the contents of this Vakalath at
were read our and explained
In my presence to the Executants who appeared
Perfectly to understand the same as made his-her their
Signature in my presence.
Executed before me this day of October 2024
ACCEPTED:
Counsel for The address for service of the said
MADRAS
