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Madras High CourtWP/6317/2016disposed of

A.Devaraj, v. The District Collector,

2019-02-25Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.6317 of 2016 and W.M.P.No.5629 of 2016 A.Devaraj ... Petitioner Vs.

1. The District Collector, Kancheepuram, Kancheepuram District-631 501.

2. The Revenue Divisional Officer, The District Collectorate office compound, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Sriperumpudur Taluk, Kancheepuram District-602 105.

4. E.Ravichandran S/o.Elumalai, President, No.35, Kunnam Village, Kunnam Panchayat Union, Sriperumpudur, Kancheepuram District.

5. A.Parthiban Vice President, No.35, Kunnam Village, Kunnam Panchayat Union, Sriperumpudur, Kancheepuram District.

6. Bhuvaneswari, The Block Development Officer, No.35, Kunnam Village, Kunnam Panchayat Union, Sriperumpudur, Kancheepuram District.

... Respondents

Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent No.1, 2 and 3 to prevent the respondents 4 to 6, their men and agents trespassing or putting up any construction in the property belonging to petitioner measuring 17 cents situated in Old R.S.No.179/2, New R.S.No.398, situated at Kunnam Village, Sriperumpudur Taluk, Kancheepuram District.

For Petitioner :

Mr.V.Kadhirvelu For Respondents : Mr.N.Inbanathan, Addl. Govt. Pleader for RR1 to 3 Mr.B.Anandan for R6

O R D E R

The prayer sought for by the petitioner is to issue a direction to the respondent No.1, 2 and 3 to prevent the respondents 4 to 6 from trespassing or putting up any construction in the property belonging to him.

2. As the relief sought for by the petitioner involves verification of his title and his entitlement for the property, the same can be resolved only in a civil court. The prayer asked for by the petitioner to injunct the private respondents from interfering or putting up construction in the property belonging to him cannot be granted by the official respondents, namely, the revenue authorities and as such, the prayer cannot be entertained. It is open to the petitioner to go before the appropriate civil court to agitate his rights and title.

3. With the above observation, this writ petition is disposed of. No costs. Consequently, W.M.P.No.5629 is closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar gg To

1. The District Collector, Kancheepuram, Kancheepuram District-631 501.

2. The Revenue Divisional Officer, The District Collectorate office compound, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Sriperumpudur Taluk, Kancheepuram District-602 105.

+1cc to Mr.V.Kadhirvelu, Advocate, S.R.No. 17741 +1cc to the Government Pleader, S.R.No. 17661 W.P.No.6317 of 2016 GP(CO) GN(01/04/2019)