R.Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Office of the Collector Tiruttani Highway, Thiruvallur District.

2. The Sub Collector Office of Sub Collector Ponneri, Thiruvallur District.

3. The Tahsildar Office of the Tahsildar Gummidipoondi, Thiruvallur District.

4. The Village Administrative Officer Thurampallam, Ponneri

5. Inspector of Police Arambakkam Police Station Arambakkam, Gummidipoondi Taluk

6. B.Mohan

7. B.Murali

8. B.Sekar

9. B.Selvam

10. C.Murugaeson ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents Nos.2, 3, 5 to dispose off the representation dated 01.02.2024 and consequently remove the encroachment made by respondents nos.6 to 9. For the Petitioner : Ms.R.Seetha For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R4 Mr.r.Munniyapparaj Additional Public Prosecutor assisted by Mr.Sylvester John for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.R.Seetha, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for

respondent 5.

2. The land in question appears to be a patta land. Be that as it may, a civil suit is filed by the patta holders and in the said civil suit, the present petitioner is also a defendant. Order of status quo is passed in the said civil suit. In spite of that, the present writ petition is filed.

3. The writ petition ought not to have been filed in view of the fact that the matter is pending before the civil court, in which the petitioner is already a defendant and an order of status quo is in force.

4. In light of the above, the writ petition, as such, stands dismissed. There shall be no order as to costs. Consequently, W.M.P.No.8398 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index :

Yes/No :

Yes/No

drm To

1. The District Collector Office of the Collector Tiruttani Highway, Thiruvallur District.

2. The Sub Collector Office of Sub Collector Ponneri, Thiruvallur District.

3. The Tahsildar Office of the Tahsildar Gummidipoondi, Thiruvallur District.

4. The Village Administrative Officer Thurampallam, Ponneri

5. Inspector of Police Arambakkam Police Station Arambakkam, Gummidipoondi Taluk

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 21.03.2024