Kanniga v. The Additional Chief Secretary / Commissioner Of Land Adminsitration,
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.No.15207 of 2023 1.Kanniga 2.Geethalakshmi 3.Vijayalakshmi 4.Yuvaraj 5.Jayakrishnan
...Petitioners
Vs.
1.The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Kancheepuram District.
3.The District Revenue Officer, Kancheepuram District.
4.The Revenue Divisional Officer, Kancheepuram District.
5.The Thasildhar, Kancheepuram District.
..Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 2nd to 5th respondents herein to strictly adhere to the instructions vide the proceedings in Ref.No.K3/27160/2008 dated 13.03.2018 issued by the Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005, the 1st respondent herein and restrain themselves from interfering with the peaceful possession of the petitioners land in Survey No.726/2 to an extent of Acre 5.00 cents of Melkathipur village, Kancheepuram Taluk and District based on the petitioners representation dated 19.04.2023 till the disposal of the suit in O.S.No.80 of 2022 on the file of the Learned Principal District Judge No.II, Kancheepuram. For Petitioners : Mr. A.K. Suresh For Respondents : Mr. T. Sampath Kumar Government Advocate
O R D E R
This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the 2nd to 5th respondents to adhere to the instructions issued by the Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chennai and not to interefere with the peaceful possession of the land at S.No.726/2 measuring 5 acres at Melkathipur Village, Kancheepuram Taluk.
2/5
2.The petitioners had given a representation on 19.04.2023. The petitioners seeking such restraint from interference till disposal of O.S.No.80 of 2022 which is now pending on the file of the learned Principal District Judge - II, Kancheepuram. In the said suit, the Talshildar, Kancheepuram, the Revenue Divisional Officer, Kancheepuram and the District Revenue Officer, Kancheepuram and also the District Collector, Kancheepuram, are defendants. Necessary injunction order can be sought by the petitioners from the said suit itself and filing of Writ Petition couching it in the nature of Mandamus seeking consideration of a representation cannot be entertained by this Court.
3.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 18.05.2023 smv/kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 3/5
To:- 1.The Additional Chief Secretary / Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, Kancheepuram District.
3.The District Revenue Officer, Kancheepuram District.
4.The Revenue Divisional Officer, Kancheepuram District.
5.The Thasildhar, Kancheepuram District.
4/5
C.V.KARTHIKEYAN, J.
KKN 18.05.2023 5/5