R.Palanisamy, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.17312 of 2016 and M.P.No.14789 of 2016 1.R.Palanisamy 2.L.Nadarajan 3.S.Mohanasundaram 4.Dhanalingam 5.R.Raja 6.K.Saravanan 7.Mohana 8.R.Subramanian 9.J.Saraswathi 10.V.Nagaraj 11.Kalyanasundaram 12.Poonkodi 13.Chithayi 14.Kannammal 15.Murugesan 16.Thilagavathi 17.P.Srinivasan 18.R.Janaki 19.B.Varadambal 20.A.Arumugam 21.R.Mathesh 22.A.Sampathkumar 23.A.Chellmmal 24.K.Krishnan 25.Sangameswaran 1/6
26.V.Nagammal 27.V.Mani 28.S.Ganesan 29.Sellammal 30.S.P.Manikandan 31.Muthammal 32.Marimuthu 33.K.E.Rangarajan 34.Maruthappa Moorthy 35.S.Balaji 36.R.Kumaresan 37.M.Narayanan 38.K.P.Nadarajan 39.V.Malarvizhi 40.Venkadasamy 41.Malathi 42.A.S.Madhu 43.S.SJegannathan 44.R.Vasanthi 45.Ammachi Ammal ... Petitioners Vs 1.The District Collector, Collector Office, Namakkal District, Namakkal.
2.The Revenue Divisional Officer, Tiruchengode Taluk, Namakkal District, Namakkal.
3.The Special Tahsildar, Urban Land Tax, Komarapalayam, Tiruchengode Taluk, Namakkal District.
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4.The Commissioner, Komarapalayam Municipality, Komarapalayam - 638 183.
5.24 Manai Telugu Chettiyargal Devasthanam Trust, Rep by its Vice President Thiru R.Natarajan No.70, Thammannan Street, Komarapalayam, Tiruchengode Taluk, Namakkal District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from illegally evicting and demolishing the houses or in any way interfering with the possession and enjoyment of the petitioners of their house properties comprised in Old S.No.569, New Town S.Nos.8/2 to 35/6, at Ward - C, Block-2, (present ward No.25) Anna Nagar, Salem Main Road, Komarapalayam Taluk, Namakkal District - 638 183.
For Petitioners : No Appearance For Respondents :No Appearance for R1 to R3 Mr.P.Srinivas Standing Counsel for R4
ORDER
Earlier on 29.09.2022, this case was listed under the caption "for dismissal". Today also this case was listed under the caption "for dismissal", after there was an attempt to get the case adjourned by the learned counsel for 3/6
the petitioners stating that the petitioners have withdrawn the vakalat and to adjourn the case to facilitate the petitioners to appear today. Therefore, the Registry be directed to print the name of the petitioners in the cause list. However, there is no representation on behalf of the petitioners. 2.Prima facie, the writ petition is not maintainable as the respective writ petitioners are seek to enforce/invoke the civil remedy to restrain the 5th respondent from interfering with the possession of the property, which belongs to the 5th respondent. Therefore, there is no merits in the writ petition. 3.Accordingly, this writ petition is dismissed with the above observations. However, liberty is given to the respective petitioners to work out their remedy before the Civil Court having Jurisdiction. No costs. Consequently, connected miscellaneous petition is closed. 10.10.2022 Index: Yes/ No Internet: Yes/No jas 4/6
To 1.The District Collector, Collector Office, Namakkal District, Namakkal.
2.The Revenue Divisional Officer, Tiruchengode Taluk, Namakkal District, Namakkal.
3.The Special Tahsildar, Urban Land Tax, Komarapalayam, Tiruchengode Taluk, Namakkal District.
4.The Commissioner, Komarapalayam Municipality, Komarapalayam - 638 183.
5.24 Manai Telugu Chettiyargal Devasthanam Trust, Rep by its Vice President Thiru R.Natarajan No.70, Thammannan Street, Komarapalayam, Tiruchengode Taluk, Namakkal District.
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C. SARAVANAN, J.
jas W.P.No.17312 of 2016 and M.P.No.14789 of 2016 10.10.2022 6/6