R.Rajangam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.12089 of 2024 R.Rajangam ...

Petitioner versus 1.The District Collector, Tiruvarur District.

2.The Revenue Inspector, Thirukkanamangai, Tiruvarur Taluk, Tiruvarur District.

3.The Land Surveyor, Office of Land Surveyor, Tiruvarur Taluk, Tiruvarur District.

4.The Village Administrative Officer, No.5, Pulavanallur, Manakkal Ayampettai, Tiruvarur Taluk, Tiruvarur District.

5.The Sub Inspector of Police, Kudavasal Police Station, Tiruvarur District.

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6.N.Rajagopal 7.Thennarasu ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 5 to consider the petitioner's representations dated 26.10.2020, 27.01.2022, 25.01.2022 and 20.01.2023, forbearing the 6th and 7th respondents from disturbing the peaceful possession of the subject property situated in Pulavanallur Village, Tiruvarur Taluk, comprised in Survey No.55/13B with an extent of 0.17.50 acres in Patta No.311, and Survey No.53/4 with an extent of 0.10.00 acres in Patta No.260, in addition to 0.27.50 acres. For Petitioner :

Mr.N.S.Sugunthan For Respondent Nos.1 to 4 :

Mr.S.Arumugham Government Advocate For Respondent No.5 :

Mr.S.Sugendran Additional Public Prosecutor

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This writ petition is filed to direct the respondents 1 and 5 to consider the petitioner's representations dated 26.10.2020, 27.01.2022, 25.01.2022 and 20.01.2023, forbearing the respondents 6 and 7 from 2/5

disturbing the peaceful possession of the subject property situated in Pulavanallur Village, Tiruvarur Taluk, comprised in Survey No.55/13B with an extent of 0.17.50 acres in Patta No.311, and Survey No.53/4 with an extent of 0.10.00 acres in Patta No.260, in addition to 0.27.50 acres. 3.

At the outset, this Court is not inclined to give such directions. Admittedly, the suit has been filed for permanent injunction against the private respondents herein. When the suit is pending, it is for the petitioner to establish his possession and seek appropriate relief. If such direction is given by this Court, in fact, it amounts to the appellate authority even before the suit is disposed of.

4.

Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 23.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5

To 1.The District Collector, Tiruvarur District.

2.The Revenue Inspector, Thirukkanamangai, Tiruvarur Taluk, Tiruvarur District.

3.The Land Surveyor, Office of Land Surveyor, Tiruvarur Taluk, Tiruvarur District.

4.The Village Administrative Officer, No.5, Pulavanallur, Manakkal Ayampettai, Tiruvarur Taluk, Tiruvarur District.

5.The Sub Inspector of Police, Kudavasal Police Station, Tiruvarur District.

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N.SATHISH KUMAR , J.

sri and W.M.P.No.12089 of 2024 23.04.2024 5/5