T.Thaiyalnayagi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 9398 of 2023 and W.M.P.No.9486 of 2023
1. T.Thaiyalnayagi
2. M.Elanchezhiyan .....
Petitioners Vs
1. The District Collector Mayiladuthurai District, Mayiladuthurai.
2. The District Revenue Officer Mayiladuthurai District, Mayiladuthurai.
3. The Revenue Divisional Officer Mayiladuthurai District, Mayiladuthurai.
4. The Tahsildar Mayiladuthurai Taluk Office, Mayiladuthurai.
5. The Superintendent of Police O/o.The Superintendent of Police, Nagapattinam.
6. Inspector of Police Land Grabbing Prevention Special Wing, Nagapattinam.
7. Punitha
8. Pugalendhi
9. Purushothamn .....
Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the Petitioners dated 03.09.2022 made to the respondents 7 to 9 for the act of committing land grabbing of the petitioners land and pass appropriate suitable orders by giving opportunity of personal hearing to the petitioners on conducting enquiry within the stipulated time frame granted by this Court. For Petitioners : Mr.S.Srinivasan For R1 to R4 : Mr.P.Balathandayutham Special Government Pleader For R5 & R6 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)
O R D E R
This Writ Petition has been filed seeking a direction to the respondents to consider the representation submitted by the petitioner.
2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned Government Advocate (Crl.Side) appearing for the respondents 5 & 6. Perused the materials available on record.
3. A perusal of the representation submitted by the petitioner reveals that the petitioner claims ownership of the subject property through his grandfather. Subsequently, he had executed a power of attorney in favour of a third party and he went abroad. On the demise of the said power of attorney holder, his legal heirs are in possession and enjoyment of the subject property. Therefore the entire allegations are civil in nature. Therefore, the petitioner ought to have approached the civil court for appropriate relief.
4. In view of the above, the representation submitted by the petitioner cannot be considered. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
07.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp
To
1. The District Collector Mayiladuthurai District, Mayiladuthurai.
2. The District Revenue Officer Mayiladuthurai District, Mayiladuthurai.
3. The Revenue Divisional Officer Mayiladuthurai District, Mayiladuthurai.
4. The Tahsildar Mayiladuthurai Taluk Office, Mayiladuthurai.
5. The Superintendent of Police O/o.The Superintendent of Police, Nagapattinam.
6. Inspector of Police Land Grabbing Prevention Special Wing, Nagapattinam.
7. The Public Prosecutor, Puducherry.
G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.9398 of 2023 07.02.2025