← Library
Madras High CourtWP/8029/2024dismissed

R.Devamirtham v. The Collector Of Cuddalore District

2024-03-27Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN R.Devamirtham ... Petitioner Vs.

1 The Collector of Cuddalore District, Collectorate office, Cuddalore.

2 The Sub collector of Cuddalore District , Office of the Sub Collector, Vridhachalam Zone, Cuddalore District.

3 The Assistant Director of Survey and land records , Collectorate Office, Cuddalore 4 The Revenue Tahsildar Vridhachalam Taluk, Cuddalore District 5 The Inspector of Police Neyveli Thermal Police Station Chinnapappankulam, Neyveli.

6. R.Ravichandran

7. Vanathi

8. A.Panneerselvam

9. R.Rajadurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent herein to re-fix the boundary stones, with the assistance of the 5th respondent (police protection ), forcefully removed by the respondents 6 to 9 in the petitioner's land measuring 30 cents on the northern portion comprised in Survey No. 518/1 bounded on the North of the lands belonging to Rajendran on the East of Thar Road ( Cart Track ) on the South of the lands belonging to Venkatesan and Theerthamalai and on the west of Sub Divided punja lands comprised in Survey No. 518/ 5.6 and lands belonging to Palanivel situated in Ammeri Mathura, Melakuppam Village, Vridhachalam Taluk, Cuddalore district by considering the petitioners representation dated 03.03.2024.

For Petitioner : Mr.T.Dhanasekaran For R1 to R4 : Mr.Selvendran, Special Government Pleader For R5 : Mr.S.Sugendran, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 4th respondent herein to re-fix the boundary stones, with the assistance of the 5th respondent (police protection ), forcefully removed by the respondents 6 to 9 in the petitioner's land measuring 30 cents on the northern portion comprised in Survey No. 518/1 bounded on the North of the lands belonging to Rajendran on the East of Thar Road ( Cart Track ) on the South of the lands belonging to Venkatesan and Theerthamalai and on the west of Sub Divided punja lands comprised in Survey No. 518/ 5.6 and lands belonging to Palanivel situated in Ammeri Mathura, Melakuppam Village, Vridhachalam Taluk, Cuddalore district by considering the petitioners representation dated 03.03.2024.

2. Since there is no order passed as against the private respondents, notice to the private respondents/R6 to R9 is dispensed with.

3. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the official

respondents 1 to 4 and learned Additional Public Prosecutor appearing for the fifth respondent and perused the materials available on record.

4. Learned counsel for the petitioner submitted that the respondents have considered the petitioner's representation and surveyed the petitioner's land. Since the private respondents have caused disturbance to the petitioner and in order to get the relief as against the private respondents, the petitioner seeking direction in the writ petition.

5. The main grievance of the petitioner is that the private respondents have caused disturbance to the petitioner. Already the official respondents have conducted survey based on the petitioner's representation. If there is any dispute with regard to the subject property with the private respondents, the petitioner has to work out her remedy before the competent civil court. Neither the Revenue Authority nor the Writ Court give direction to the private respondents. Hence, the writ petition is not maintainable.

6. In view of the above, the Writ Petition is dismissed. There

shall be no order as to costs.

27.03.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1 The Collector of Cuddalore District, Collectorate office, Cuddalore.

2 The Sub collector of Cuddalore District , Office of the Sub Collector, Vridhachalam Zone, Cuddalore District.

3 The Assistant Director of Survey and land records , Collectorate Office, Cuddalore 4 The revenue Tahsildar Vridhachalam Taluk, Cuddalore District 5 The Inspector of Police Neyveli Thermal Police Station Chinnapappankulam, Neyveli.

P.VELMURUGAN, J.

mfa 27.03.2024