P.K.Ilavarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-11-2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP NO.25140 OF 2013 P.K.Ilavarasan .. Petitioner vs.

1. The District Collector, Thiruvallur District, Thiruvallur.

2. Mr.P.Mathi

3. Athithan

4. Shafiur Rahman ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal dated 22.09.2012 after his personal hearing. For Petitioner : Mr.Arvind Athithan for Mr.P.Pukalendhi.

For Respondent-1 : Mr.C.Selvaraj, Government Advocate.

For Respondent-3 : Mr.M.Gnanasekar For Respondents-2&4 : No Appearance

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to dispose of the appeal submitted by the petitioner on 22.09.2012 after his personal hearing. https://hcservices.ecourts.gov.in/hcservices/

2. Perusal of the appeal dated 22.09.2012 sent to the first respondent-District Collector reveals that there is a title dispute between the parties. In respect of such civil disputes, the District Collector cannot take a decision and such civil rights are to be established before the Competent Court of Law. Ownership or title cannot be adjudicated before the District Collector by merely submitting an appeal and thus, the petitioner is at liberty to establish his civil rights before the Competent Court of Law for redressing his grievances.

3. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Svn To The District Collector, Thiruvallur District, Thiruvallur.

+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.58281 +1cc to Mr.P.Pukalendhi, Advocate, S.R.No.58220 +1cc to the Government Pleader, S.R.No.58043 WP 25140 of 2013 GSM(CO) PM/24/11/2021 https://hcservices.ecourts.gov.in/hcservices/