Madras High CourtWP/12363/2020dismissed

J.Gandhiappan v. The District Collector

2024-09-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.15212 of 2020 J.Gandhiappan ... Petitioner Vs.

1.The District Collector Tiruvallur District 2.The Tahsildar Durapallam village Tiruvallur District- 601 201 3.The President Elavur Gummudipoondi Panchayat Union Tiruvalluir District 4.The President Durapallam Gummudipoondi Panchayat Union Tiruvallur District- 601 201 5.K. Poonarasu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from allowing the 5th respondent to put up construction of basement on the Govt Poramboke land situated next to the petitioner's land (Northern side) bearing S.NO 153/18 Thurapallam village, Tiruvallur District.

For the petitioner : No appearance For the respondents 1 to 4 : Mr.C.Kathiravan Special Government Pleader

ORDER

This Writ Petition has been filed to forebear the respondents 1 to 4 from allowing the 5th respondent to put up construction of basement on the Govt Poramboke land situated next to the petitioner's land (Northern side) bearing S.NO 153/18 Thurapallam village, Tiruvallur District.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 to 4 and also perused the materials available on record.

3. It is seen that there is a dispute between the petitioner and the 5th respondent. The subject land is classified as 'natham' in the revenue records and it is in possession and enjoyment of the 5th respondent. Therefore, the 5th respondent started construction in the subject land. If any dispute over the land, the petitioner has to approach the Civil Court for appropriate remedy. Therefore, the representation submitted by the petitioner before the respondents 1 to 4 cannot be directed to be considered by them.

4. In view of the above, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is also closed. 26.09.2024 Jer Index : Yes/No Internet : Yes/ No Speaking order / Non speaking order To 1.The District Collector Tiruvallur District 2.The Tahsildar Durapallam village Tiruvallur District- 601 201 3.The President Elavur Gummudipoondi Panchayat Union Tiruvalluir District 4.The President Durapallam Gummudipoondi Panchayat Union Tiruvallur District- 601 201.

G.K.ILANTHIRAIYAN, J.,

Jer 26.09.2024