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Madras High CourtWP/24490/2008dismissed

S.A.Ganesan v. The District Forest Officer

2019-02-11Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.24490 of 2008 and MP.No.1 of 2008 S.A.Ganesan ... Petitioner Vs

1. The District Forest Officer, Thiruvallur District.

2. The President, Akkarappakkam Panchayat, Thiruvallur District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Prohibition to forbear the respondents, their men, agents, servants or subordinates or anybody claiming under them from in any way interfering with the petitioner's peaceful possession and enjoyment of the schedule property.

For Petitioner : Mrs.Selvi George For 1st Respondent : Ms.Thangavadhana Balakrishnan R2 : No Appearance

O R D E R

This Writ Petition has been filed, seeking to issue a Writ of Prohibition to forbear the respondents, their men, agents, servants or subordinates or anybody claiming under them from in any way interfering with the petitioner's peaceful possession and enjoyment of the schedule property.

2.

Heard the learned Counsel for the petitioner and the learned Additional Government Pleader appearing for the 1st respondent.

3.

On the face of the records, it is seen that the petitioner has not filed any revenue records like patta issued https://hcservices.ecourts.gov.in/hcservices/

by the Revenue Department in respect of the property-in-question and merely on the basis of a Sale Deed dated 18.01.2007, he has come to this Court by filing the present Writ Petition. Since the ownership and title of the petitioner in respect of the property-in-question are under dispute, no doubt, the best remedy available to the petitioner is to approach the concerned Civil Court.

4.

In view of the above, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar tsi To

1. The District Forest Officer, Thiruvallur District.

2. The President, Akkarappakkam Panchayat, Thiruvallur District.

+1cc to Ms.Selvi George, Advocate SR.No.11795 +1cc to Special Government Pleader(F) SR.No.11974 W.P.No.24490 of 2008 KJI(CO) GMY(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/