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Madras High CourtWP/12417/2024disposed of

A.Abirami v. Government Of Tamilnadu

2024-06-03Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.12417 & 12418 of 2024 A.Abirami .. Petitioner in W.P.No.12417 of 2024 K.Andal .. Petitioner in W.P.No.12418 of 2024

Versus

1. Government of Tamil Nadu, Represented by its Secretary to Government, Industrial Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Kancheepuram District, Kancheepuram.

3. The Special Tahsildar [Land Acquisition], SIPCOT Irunkattu Kottai Expansion Scheme - Phase - 2, Sriperumbudur.

4. Jamuna Mohan .. Respondents in both WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to refer the above matter to Competent Civil court to decide the Right and Title of the petitioner and Mrs.Jamuna Mohan based on the petitioner's Appeal dated 21.02.2024 and 08.02.2024 respectively.

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For Petitioners : Mr.R.Karunagaran For Respondents : Mr.G.Ameedius Government Advocate - R1 to R3 COMMON ORDER With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. These writ petitions are filed to direct the respondents 1 and 2 to refer the above matter to Competent Civil Court to decide the Right and Title of the petitioners and Mrs.Jamuna Mohan based on the petitioners' Appeal dated 21.02.2024 and 08.02.2024 respectively.

3. Heard learned counsel for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. The case of the petitioners is that the matter has to be referred to the Civil Court, since there is a dispute with regard to the title of the property. It is the grievance of the petitioners that as against the Order of the Tahsildar, they have filed appeals before the second respondent and the same are pending. 2/5

Hence, the present Writ Petitions.

5. Considering the limited relief sought for in the Writ Petitions, the first and second respondents are directed to dispose of the appeals filed by the petitioners on merits and in accordance with law. In the event, if the authorities find that there is a dispute between the parties in respect of the title of the property, then the matter shall be relegated to the Civil Court to decide the rights of the parties.

6. With the above direction, these writ petitions are disposed of. No costs.

03.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Secretary to Government, Industrial Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, 3/5

Kancheepuram District, Kancheepuram.

3. The Special Tahsildar [Land Acquisition], SIPCOT Irunkattu Kottai Expansion Scheme - Phase - 2, Sriperumbudur.

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N. SATHISH KUMAR , J.

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