Madras High CourtWP/4490/2024disposed of

Nadhiya v. The District Collector

2024-02-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Nadhiya

2. R.Datchayani

3. Pechiammal

4. K.Eswari

5. V.Soundari ..

Petitioners Vs.

1. The District Collector Thiruvallur, Thiruvallur District.

2. The Tahsildar Thiruvallur, Thiruvallur District.

3. The District Revenue Officer/Secretary cum General Manager No.1, Pumping Station Road Chintadripet, Chennai - 600 002.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondents, their men, agents, servants, subordinates, or anybody acting on their behalf from in any way interfering with our possession and enjoyment of the schedule property.

For the Petitioners : Ms.G.Selvi George For the Respondents : Mr.K.Karthik Jagannath Government Advocate for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.G.Selvi George, learned counsel for the petitioners and Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.

2. According to learned counsel for the petitioners, the Government authorities, in the garb of placing a board to the effect that S.No.126/1B belongs to the Chennai Metro Water Department, has placed the board in S.No.156/1. According to the learned counsel for the petitioners, the petitioners are not the owners of S.No.156/1, but are occupants in the said survey number.

3. The petitioners are not in a position to state the boundaries of S.No.156/1. In case there is dispute of boundaries, it is only the civil court, which is the competent court to decide the matter.

4. In light of the fact that disputed questions of fact exist, we are

not inclined to entertain the writ jurisdiction under Article 226 of the Constitution of India. The petitioner shall avail the alternate remedy, as may be permissible under law.

5. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.Nos.4844 and 4848 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 23.02.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Thiruvallur, Thiruvallur District.

2. The Tahsildar Thiruvallur, Thiruvallur District.

3. The District Revenue Officer/Secretary cum General Manager No.1, Pumping Station Road Chintadripet, Chennai - 600 002.

THE HON'BLE CHIEF JUSTICE

AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 23.02.2024