K.Prabakaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.13594 of 2020 and W.M.P.No.16870 of 2020 K.Prabakaran ... Petitioner Vs.

1.The District Collector, Ranipet District, Ranipet.

2.The Tahsildar, Walaja Taluk, Ranipet, Ranipet District.

3.The Village Administration Officer, Nandhiyalayam Village, Walaja Taluk, Ranipet District.

4.Dharmichand 5.Salam Bai 6.Arun 7.Satheesh ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from causing unnecessary Disturbance to enjoy the Petitioner's Grama Natham Property bearing in S.No.234/3 in plot No 27, Nandhiyalam Village, Walajah Taluk, Ranipet District, admeasuring 2983 sq.ft. For Petitioner : Mr.C.K.M.Appaji For R1 to R3 : Mr.Annai Ezhil Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of mandamus forbearing the respondents from interfering with the possession and enjoyment of the subject property. 2.Heard Mr.C.K.M.Appaji, learned counsel for the petitioner and Mr.Annai Ezhil, learned Government Advocate, appearing on behalf of the respondents 1 to 3.

3.The specific case of the petitioner is that the respondents 4 to 7 are attempting to interfere with the possession and enjoyment of the petitioner and according to the petitioner, they are land grabbers.

4.The issue projected in the present writ petition is purely a private dispute, which can never become a subject matter in a writ petition. If the petitioner is aggrieved by the action of the respondents 4 to 7, it is always left open to the petitioner to file a suit before the appropriate civil Court and seek for the relief. A writ petition cannot be maintained before this Court by just adding the revenue authorities as respondents. The grievance expressed by the petitioner cannot be resolved by the revenue authorities. The petitioner has to either give a police complaint, if the respondents 4 to 7 are attempting to grab the property of the petitioner, or the petitioner has to work out his remedy before the competent civil Court. The revenue authorities will have no say in a dispute of this nature. Except giving this liberty, no further orders can be passed in the present writ petition.

This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

mkn To 1.The District Collector, Ranipet District, Ranipet.

2.The Tahsildar, Walaja Taluk, Ranipet, Ranipet District.

3.The Village Administrative Officer, Nandhiyalayam Village, Walaja Taluk, Ranipet District.

+1cc to the Government Pleader Sr.32163 W.P.No.13594 of 2020 cp[co] srg 05/11/2020