G.Dilli v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE G. R. SWAMINATHAN W.P.NO. 34205 OF 2017 AND W.M.P.NO.38084 OF 2017 G. Dilli S/o. Gopal Reddiyar

...Petitioner

Versus

1. The District Collector, Thiruvallore District, Thiruvallore.

2. The Revenue Divisional Officer, Ponneri, Thiruvallore District.

3. The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallore District.

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to take action against the second and third respondent on the complaint dated 18.12.2017. For Petitioner :

Mr. R. Balasubramanian For Respondents :

M. S. Navaneethan, Special Government Pleader

O R D E R

Heard Mr. R. Balasubramanian, the learned counsel for the petitioner and Mr. M. S. Navaneethan, the learned Special Government Pleader on behalf of the respondents. With the consent on either side, this Writ Petition is taken up for final disposal.

2. This Writ Petition is filed seeking for issuance of a Writ of Mandamus to direct the first respondent to take action against the second and third respondent on the complaint dated 18.12.2017.

3. The case of the writ petitioner is that he is the owner https://hcservices.ecourts.gov.in/hcservices/

of the land in Punja Survey No.105/3 measuring an extent of 1 Acre.061⁄2 cents in Sothuperumbedu Village, Ponneri Taluk, Thiruvallore District. He had already filed a Writ Petition in W.P.No. 24539 of 2012 before this Court in respect of the very same land, wherein, this Court had given a specific finding that the writ petitioner is in possession and enjoyment of the said land and that his ownership is also not disputed.

4. It is only in that view of the matter, no further adjudication was conducted in those writ proceedings. The writ petitioner now contends that at the instance of one Mr. Vasudevan, the Official respondents 2 and 3 are trying to interfere with his peaceful possession and enjoyment of the aforesaid land. It is made clear that the respondents herein shall follow the due process of law while dealing with the writ petitioner in this respect of the said land.

5. Accordingly, this Writ Petition is disposed of with the above direction. No costs. Consequently,connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrr/vum To

1. The District Collector, Thiruvallore District, Thiruvallore.

2. The Revenue Divisional Officer, Ponneri, Thiruvallore District.

3. The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallore District.

+1cc to Mr. R. Balasubramanian, Advocate, S.R.No.92639 +1cc to the Government Pleader, S.R.No.92656 W.P.No.34205 of 2017 NMI(CO) CS/02/01/18 https://hcservices.ecourts.gov.in/hcservices/