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Madras High CourtWP/29410/2013disposed of

Mrs.Sandy Marie Chantalle v. The District Collector

2021-10-06Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.29410 of 2013 and M.P.No.1 of 2013 Mrs.Sandy Marie Chantalle

...Petitioner

Vs.

1.The District Collector, Puducherry.

2.The Tahsildhar, Taluk Office, Oulgaret, Puducherry.

3.Mrs.R.Vasanthi

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to take action on the representation dated 10.7.2013 of the petitioner submitted to the 1st respondent. For Petitioner :

Mr.K.N.Nataraaj For Respondents :

Mr.J.Kumaran Additional Government Pleader (Puducherry) R3 - Dismissed vide court order dated 07.09.2016

O R D E R

This writ petition has been filed for a direction directing the first respondent to take action based on the representation dated 10.07.2013 submitted by the petitioner to the first respondent.

2. The grievances of the petitioner is that there was an intervention in respect of his own land and in his representation the petitioner has stated that there was a land grabbing.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the fact that the petitioner is claiming the subject property belongs to him, the dispute is of civil nature. Thus, the petitioner has to approach the competent civil court of law, if at all she claims title or ownership in respect of the subject property. In the event of identifying the said land as a public land, then the Authorities competent are bound to evict the encroachment and utilize the land for public purposes.

4. This being the principles to be followed, the petitioner, if at all, claims the civil right over the subject property, she has to approach the competent civil court of law to establish her right over the subject property in the manner known to law.

5. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Maya To 1.The District Collector, Puducherry.

2.The Tahsildhar, Taluk Office, Oulgaret, Puducherry.

W.P. No.29410 of 2013 SJ (CO) PR (26/10/2021) https://hcservices.ecourts.gov.in/hcservices/