V.Vaijayanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN And THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.487 of 2015 And M.P.No.1 of 2015 V.Vaijayanthi ... Appellant Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Madurantakam, Kancheepuram District.

4.The Tahsildar, Madurantakam Taluk, Madurantakam, Kancheepuram District.

5.The Block Development Officer, Madurantakam, Kancheepuram District.

6.P.Sanjeeva Reddy 7.G.Rajendran 8.V.Rajesh 9.N.Ramadas 10.V.Chandrasekaran 11.N.Vimala 12.Elumalai 13.R.Chamundeswari 14.K.Venkataperumal 15.V.Maheswari 16.K.Palayam 17.Mohana 18.Velan 19.Vannan

20.Devanbu 21.Stella Mary 22.R.Kalep Vincent 23.Naguran 24.S.Uma Devi 25.Kalpana 26.Velayudham 27.S.Gomathi 28.Thirumalai 29.R.Muniandi 30.Isaak 31.Venkatraman 32.Muthalu 33.Chellappan 34.R.Munuswamy 35.M.Murugammal 36.Kambegam 37.Manimekalai 38.Anandhi 39.E.Sundaramurthy 40.Dhanasingh 41.A.Marimuthu 42.Ganasekar 43.G.Mathal 44.Dhanivel 45.T.Jayakumar 46.Pushpa 47.Dhanapal 48.Puviarasan 49.Bagyalakshmi 50.S.Murali 51.D.Ruban 52.D.Rajeswari 53.M.Bhavani 54.Usha 55.M.Yessiah 56.E.Jone 57.M.Violet Mari 58.Dhanalakshmi 59.A.Dhanam 60.A.Chittrai 61.A.Ramesh 62.Yesudoss 63.Stanley Padmaraj 64.Antony 65.Samy 66.B.Renuka 67.Ramachandran 68.Nagalakshmi

69.C.Elumalai 70.C.Shenbagam 71.R.Sundaramurthy 72.Kanniappan 73.Chokkammal 74.K.Paramasasivan 75.R.Sachidanandam 76.Parimala 77.C.Nagalakshmi ... Respondents Prayer:Writ appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 23.01.2015 in W.P.No.5315 of 2014.

WP.5315/14:Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to forbearing the respondents herein their men and subordinates or any other persons authorized by them from interfering with the peaceful possession of the petitioner agriculture land bearing patta No. 461 of an extent of Acre.07.10 cents in Survey No. 647/3 647/4 647/5 647/7 647/8 and 655/2 at Keeralvadi Village Zamin Endathur Group Madurantakam Taluk Kancheepuram District without following the due process of law.

For Appellant : Mr.AR.L.Sundaresan Senior Counsel for Mr.P.Murali For Respondents: Ms.A.Srijayanthi for R1 to R5 Special Government Pleader Mr.S.Ramesh for R6 to R77

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN,J.) After hearing the learned Senior Counsel appearing on behalf of the appellant at length and when it was pointed out as to whether this Court would be in a position to decide with regard to the existence of the road through the subject land, the learned Senior Counsel submitted that he would instruct the learned counsel on record to withdraw the very writ petition itself with liberty to approach the concerned Civil Court for appropriate relief.

2.The learned counsel on record has made an endorsement to that effect. In view of the endorsement so made, we permit the appellant to withdraw the writ petition in W.P.No.5315 of 2014. We make it clear that in case, the matter is taken up before Civil Court, the learned Civil Judge shall decide the suit in

accordance with law, after giving opportunity to all the parties to put forth their respective case.

3.We also make it clear that while dealing with the civil suit, the Civil Judge shall not be carried away by any of the observations made by the learned Single Judge in the order dated 23.01.2015 in W.P.No.5315 of 2014. We permit the parties to take up all the available contentions on facts as well as on law before the Civil Court.

4.The intra court appeal is disposed of as indicated above. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pri To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Madurantakam, Kancheepuram District.

4.The Tahsildar, Madurantakam Taluk, Madurantakam, Kancheepuram District.

5.The Block Development Officer, Madurantakam, Kancheepuram District.

+1cc to Mr.A.L.Gandhimathi, Advocate, S.R.No.75814 +1cc to Mr.A.L.Gandhimathi, Advocate, S.R.No.75489 +1cc to Mr.S.Ramesh, Advocate, S.R.No.75565 W.A.No.487 of 2015 And M.P.No.1 of 2015 AD(CO) GN(15/11/2017)