Madras High CourtWP/19120/2025dismissed

Dhanakodi v. The District Collector

2025-06-23Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.21410 of 2025 Dhanakodi ... Petitioner Vs

1. The District Collector, Salem District Collector's Office, Fort Main Road, Salem - 636 001.

2. The District Registrar, Salem District Registrar Office, Salem - 636 001.

3. The Superintendent of Police, No.150, Sankari Mani Road, Kathayammal Nagar, Nethimedu, Salem 636 002.

4. Pachaiyannan

5. A.Thilagar

6. M.Jeganath

7. C.Gopi

8. C.Kannan ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent3 to consider the petitioner's representation dated 21.4.2025 within a time frame stipulated by this Court and consequently to forbear the respondents 4 to 8 from alienating property bearing Survey No.251/1A1A1A1A1A, measuring 0.75 acres situated in Chellapillaikuttai village, Omalur Taluk, Salem District till the disposal of the petitioner's representation dated 21.4.2025 by the respondent3.

For Petitioner : Mr.K.Elangoo For R1 to R3 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R4 to R8 : Not ready in notice

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the third respondent to consider the petitioner's representation dated 21.4.2025 within a time frame and consequently to forbear the

respondents 4 to 8 from alienating property bearing Survey No.251/1A1A1A1A1A, measuring 0.75 acres situated in Chellapillaikuttai village, Omalur Taluk, Salem District till the disposal of the petitioner's representation dated 21.4.2025 by the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent- Police and perused the materials available on record.

3. On a perusal of the complaint/representation made by the petitioner before the respondent police and the affidavit filed in support of the petition, it is seen that the dispute between the parties is civil in nature. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. The petitioner tried to give criminal colour to the civil dispute. This Court is not inclined to grant the relief as sought for by the petitioner in this writ petition.

4. In view of the same, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to workout his remedy before the competent civil court in the manner known to law. 23.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Salem District Collector's Office, Fort Main Road, Salem - 636 001.

2. The District Registrar, Salem District Registrar Office, Salem - 636 001.

3. The Superintendent of Police, No.150, Sankari Mani Road, Kathayammal Nagar, Nethimedu, Salem 636 002.

4 . The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa and W.M.P.No.21410 of 2025 23.06.2025