Kumaravadivel, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Kumaravadivel ... Petitioner Vs.
1. The District Collector, Coimbatore.
2. The Tahsildar, Sulur Taluk, Coimbatore District.
3. The Inspector, Bhoomi Thana Board for Coimbatore, Tirupur, Nilgiris, Coimbatore - South Tahsildar Campus, Coimbatore - 641 018.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to measure and demark the land belongs to the petitioner to the extent of 1 acre and 50 cents land comprised in S.No.108/1, situated at Senjevi Puthur Village, Sulur Taluk, Coimbatore District and issue separate patta by considering his representation dated 12.05.2018.
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For Petitioner : Mr.S.Kumaresan For Respondents : Mr.T.Arunkumar Additional Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents to measure and demark the land belongs to the petitioner to the extent of 1 acre and 50 cents land comprised in S.No.108/1, situated at Senjevi Puthur Village, Sulur Taluk, Coimbatore District and issue separate patta by considering of the petitioner's representation, dated 12.05.2018.
2. Heard Mr.S.Kumaresan, learned counsel for the petitioner and Mr.T.Arunkumar, learned Additional Government Pleader for the Respondents.
3. Mr.T.Arunkumar, learned Additional Government Pleader would submit that the land was already gifted to Boomi Thana Board and the patta stands in the name of Boomithan Board. The possession is also with the Poomithana Board as per the Gift Deed and they have also fenced the 2/4
property. In this circumstance, the petitioner has now come forward to claim the ownership of the property by stating that there is a dispute with regard to the identity, right and possession of the property, which is not in accordance with law. Therefore the learned Additional Government Pleader prays for dismissal of the Writ Petition.
4. Under these circumstances, the petitioner cannot claim any right over the said property. Hence, the petitioner is not entitled to the relief sought for in this Writ petition. However, the petitioner is at liberty to work out his remedy in the manner known to law.
5. With the above observation, this Writ Petition is disposed of. There shall be no order as to costs.
22.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No vum 3/4
P.VELMURUGAN. J.
vum To
1. The District Collector, Coimbatore.
2. The Tahsildar, Sulur Taluk, Coimbatore District.
3. The Inspector, Bhoomi Thana Board for Coimbatore, Tirupur, Nilgiris, Coimbatore - South Tahsildar Campus, Coimbatore - 641 018.
W.P. No.18289 of 2018 22.03.2024 4/4