G.Sumathi v. The Coimbatore District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.16024 of 2022 G.Sumathi

...Petitioner

Vs

1. The Coimbatore District Collector, Office of the District Collector Coimbatore.

2. The Tahsildar Office of the Coimbatore Tahsildar, Coimbatore Revenue Division, Coimbatore.

3. The Chief Engineer TANGEDCO, 23/1, Red Fields, Pulliyakulam, Coimbatore-641 108.

4. The Assistant Engineer, Office of the Assistant Engineer, Sundarapuram EB Office, 18-A, 2nd Main Road, Gokulam, Astalakshmi Nagar Coimbatore-641 024.

5. The Inspector of Police Kurichi Police Station, Podanur, Coimbatore- 641 023.

6.Nagamani Perumal 7.Leela Gurusamy 8.Nagaraj Suppan 9.V.Pappai 10.Kaliyammal 11.Kaliappan 12.Muthusamy 13.G.Amul Raj

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the illegal encroachments of respondents 6 to 12 and thereby restore the patta lands belonging to the petitioner.

For the Petitioner :

Mr.S.Senthilnathan For the Respondents :

Mr.P.Muthukumar, State Government Pleader for respondents 1 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the respondents 1 to 5 to remove the encroachment made by respondents 6 to 12 on the patta land belonging to the petitioner.

2. The facts on record show that the petitioner is the subsequent purchaser of the land and according to the petitioner, it has been occupied by respondents 6 to 12. The writ jurisdiction against private persons cannot be invoked because the government machinery does not come into play for the reason that patta was issued long back and the land was subsequently sold to the petitioner. If it has been occupied by some individuals, the remedy lies with the Civil Court. Accordingly, the writ petition is dismissed. No costs. Consequently, W.M.P.No.15350 of 2022 is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To:

1. The Coimbatore District Collector, Office of the District Collector Coimbatore.

2. The Tahsildar Office of the Coimbatore Tahsildar, Coimbatore Revenue Division, Coimbatore.

3. The Chief Engineer TANGEDCO, 23/1, Red Fields, Pulliyakulam, Coimbatore-641 108.

4. The Assistant Engineer, Office of the Assistant Engineer, Sundarapuram EB Office, 18-A, 2nd Main Road, Gokulam, Astalakshmi Nagar, Coimbatore-641 024.

5. The Inspector of Police Kurichi Police Station, Podanur, Coimbatore- 641 023.

+1cc to the State Government Pleader, S.R.No.40341 W.P.No.16024 of 2022 SR-II(CO) RGA(05/07/2022)