M.Arasa Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.4211 of 2014 and M.P.No. 1 of 2014 1.M.Arasa Kumar 2.M.Arul Kumar 3.M.Ananda Kumar 4.M.Prabu Kumar 5.M.Mahalakshmi
...Petitioners
Vs.
1.The District Collector Thiruvallur District Thiruvallur.
2.The Tahsildar Madhavaram Taluk Tiruvallur District.
3.The Village Administrative Officer Redhills Surapattu Village Kathirvedu Village Madhavaram Taluk Thiruvallur District.
4.The Revenue Inspector Redhills Firka Madhavaram Taluk Thiruvallur District.
5.The Commissioner Corporation of Chennai Rippon Buildings No.1131, EVR Periyar Salai Park Town, Chennai - 3.
6.T.T.Subramaniam ... Respondents Prayer Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the 5th and 6th respondents from interfering with the petitioners' peaceful possession and enjoyment of the land and house premises to an extent of 0.37-1/2 cents in Survey No.191/10 situated at Shanmugapuram, Surapattu Village, Madhavaram Taluk, Thiruvallur District.
For Petitioners : Mr.P.Rathanavel For Respondents : Mr.J.Ramesh [For R1 to R4] R5&R6-Dismissed vide court order dated 15.12.2014
O R D E R
The relief sought for in this writ petition is to forbear 5th and 6th respondents from interfering with the petitioners' peaceful possession and enjoyment of the land and house premises to an extent of 0.37-1/2 cents in Survey No.191/10 situated at Shanmugapuram, Surapattu Village, Madhavaram Taluk, Thiruvallur District.
2.The learned counsel appearing on behalf of the writ petitioners states that the father of the writ petitioners purchased the land, which is the subject matter in this writ petition. Further, the learned counsel now submitted a document in the open court, which is issued by the District Collector in proceedings dated 30.09.2017. Based on the orders of the first respondent /District Collector, Thiruvallur, the learned counsel for the writ petitioners states that the writ petitioners are entitled for the relief of injunction as such sought for in this writ petition. The prayer sought for in this writ petition is absolutely misconceived and in respect of the title and ownership the petitioners have to approach the competent civil court of law.
3.This court in the present writ petition cannot grant injunction on the presumption that the writ petitioners are the absolute owner of the property. The ownership and title is to be properly adjudicated before the competent forum and the persons claiming such title or ownership should get a declaration that they are the absolute owners. In the absence of any such valid document to show that the writ petitioners are the owners of the property, the relief as such sought for cannot be granted. 4.Further, such a prayer itself cannot be maintained under Article 226 of the Constitution of India, since the pleadings set out in the present writ petition requires adducing evidences and verification of documents. Such exercise can be done only by the competent civil court of law and not in the writ proceedings and this court cannot examine the witnesses and identify the genuinity of the documents, which are produced before this court and that too those documents are xerox copies. 5.Thus, it is left open to the writ petitioners to approach
the competent civil court of law for the purpose of redressing his remedies. In this view of the matter, no further adjudication is required as the writ petitioners have not established a cause for grant of relief as such sought for in this writ petition.
6.Accordingly, this writ petition stands dismissed. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar maya To 1.The District Collector Thiruvallur District Thiruvallur.
2.The Tahsildar Madhavaram Taluk Tiruvallur District.
3.The Village Administrative Officer Redhills Surapattu Village Kathirvedu Village Madhavaram Taluk Thiruvallur District.
4.The Revenue Inspector Redhills Firka Madhavaram Taluk Thiruvallur District.
5.The Commissioner Corporation of Chennai Rippon Buildings No.1131, EVR Periyar Salai Park Town, Chennai - 3.
+1cc to Mr.P.Rathanavel, Advocate SR.No.29473 +1cc to Government Pleader SR.No.29554 W.P.No.4211 of 2014 AD(CO) GN(10/05/2018)