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Madras High CourtWP/11813/2022dismissed

M.Kumaresan v. The Disrict Collector

2022-06-15Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.11813 OF 2022 M.Kumaresan ... Petitioner

Versus

1. The District Collector, O/o. The District Collector, Pettiyan Chathiram, Vazhuthavur, Puducherry - 605 009.

2. The Superintendent of Police, O/o.The Superintendent of Police, Orlienpet Police Complex, Puducherry - 605 005.

3. The Inspector of Police, Lawspet Police Station, Lawspet, Puducherry - 605 008.

4. S.Jagan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of writ, directing the respondents 1 to 3 to consider the petitioners' representation dated 21.03.2022 and to direct them to take legal action against the 4th respondent who acted illegally and to restore the petitioner's land situated at No.31, 1st Cross Street, Bharathi Nagar, Karuvadikuppam, Lawspet, Puducherry - 605 008 from the 4th respondent and pave the way for his livelihood. For Petitioner :

Mr.R.Kalaiyarasi For R1 to R3 :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 to consider the petitioner's representation, dated 21.03.2022 and to direct them to take legal action against the 4th respondent, who acted illegally and to restore the petitioner's land situated at No.31, 1st Cross Street, Bharathi Nagar, Karuvadikuppam, Lawspet, Puducherry from the 4th respondent and pave the way for his livelihood.

2. The grievance of the petitioner is that the petitioner was illegally dispossessed from his property by the 4th respondent, therefore, he seeks legal action against the 4th respondent through the Police and to restore his property.

3. At the outset, this Court is of the view, such a prayer cannot be granted in this Writ Petition. If really the petitioner has been dispossessed unlawfully, he has to file a suit for recovery of possession of immovable property under Section 6 of the Specific Relief Act, 1963 and not before this Court.

4. In view of the above, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vv2 To 1.

The District Collector, Pettiyan Chathiram, Vazhuthavur, Puducherry - 605 009.

2.

The Superintendent of Police, Orlienpet Police Complex, Puducherry - 605 005.

3.

The Inspector of Police, Lawspet Police Station, Lawspet, Puducherry - 605 008.

4.

The Public Prosecutor (Pondy), High Court, Madras.

W.P.NO.11813 OF 2022 AJB(CO) PBS/30/06/2022