Madras High CourtWP/16982/2019disposed of

Kannammal v. The District Collector

2019-06-20Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16982 of 2019 Kannammal

...Petitioner

-Vs1. The District Collector, Villupuram District, Villupuram Town & District.

2. The Special Tahsildar for SC/ST Aditravidar Welfar Department, Kallakuruchi Town and Taluk.

3. The Superintendent of Police, Villupuram District.

4. The Village Administration Officer, Village Administration Office, Rangappanur Village, Sankarapuram Tk, Villupuram District.

5. The Deputy Superintendent of Police, Thirukovillur Town & Taluk,

6. The Sub Inspector of Police, Vadaponprabbi Police Station, Sankarapuram Tk, Villupuram District.

7. Sennammal

8. Sasila

9. Ilaiyanganni 10.Thanikachalai 11.Murugesan 12.Ilaiyapillai ... Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 6 to initiate appropriate action against the respondents 7 to 12, based on the petitioner's representation dated 25.04.2019, against their illegal occupying act of grabbing the petitioner land belonged to SC/ST Community and to restore the petitioner at her house and dispossess respondents 7 to 12 from land. For Petitioner : Mr.N.Naresh For respondents : Mr.M.Mohamed Riyaz R1 to R6 Additional Public Prosecutor

ORDER

This Writ petition has been filed for a direction to the respondent police to act upon the representation given by the petitioner and to take action against the respondents 7 to 12.

2. It is the grievance of the petitioner that respondents 7 to 12 are illegally attempting to dispossess the petitioner from the property. According to the petitioner, the property was allotted to the petitioner by the Government under the Government Scheme wherein the persons belonging to SC/ST were allotted the lands. According to the petitioner, respondents 7 to 12 do not have any right over the property and they are attempting to illegally grab the property and also cause threat to the petitioner.

The learned Additional Public Prosecutor submitted that it is a case of property dispute between the petitioner and respondents 7 to 12 and the Police cannot interfere with such a dispute.

Taking into consideration the facts and circumstances of the case, even though the property was allotted to the mother of the petitioner under the Government Scheme, that by itself does not create a ground for the Police to interfere with the dispute. The dispute has to be necessarily redressed only by a competent Civil Court.

5. This Writ Petition is disposed of by giving liberty to the petitioner to work out her remedy before the competent Civil Court in accordance with law. No Costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rri/kal To

1. The District Collector, Villupuram District, Villupuram Town & District.