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Madras High CourtWP/38928/2016dismissed

M.P.Madan Kumar, v. The Commissioner

2016-11-14Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.11.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN WP.No.38928/2016 & WMP.No.33344/2016 M.P.Madan Kumar ..

Petitioner

Versus

1.The Commissioner Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai Nungambakkam, Chennai.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road Coimbatore 641 018.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment Department, Tiruppur.

4.The Executive Officer Arulmighy Athanoor Amman Kuppana Swamy Thirukovil, Muthur, Tiruppur District.

5.The District Collector Tiruppur District, Tiruppur.

6.The Assistant Engineer TANGEDCO, Muthur Town, Muthur, Tiruppur District.

7.The Trustees The Muthur Kaaniyalar Arakattallai Muthur, Tiruppur District.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents and their subordinates from dispossessing the petitioner from his patta land bearing No.611 and SF No.386/20 in Chinna Muthur Village of Kangayam Taluk of Tiruppur District without following due process of law by considering petitioner's representation dated 27.09.2016.

For Petitioner :

Mr.N.Ponraj For RR 1 to 3 :

Mr.M.Maharaja, Spl.GP [HR&CE] For R5 :

Mr.A.Kumar, Spl.GP

ORDER

Heard the learned counsel for the petitioner ; Mr.M.Maharaja, learned Special Government Pleader [HR&CE] who accepts notice on behalf of the respondents 1 to 3 and Mr.A.Kumar, learned Special Government Pleader who accepts notice on behalf of the 5th respondent and with the consent on either side, the writ petition is taken up for final disposal. A perusal of the affidavit filed in support of this writ petition as well as the typed set of documents, would disclose that the petitioner wants to establish his right over the property admeasuring to an extent of 15 cents comprised in SF.No.386/20, Patta No.611, Chinna Muthur Village, Kangeyam Taluk, Tiruppur District, which remedy is not available to him

under Article 226 of the Constitution of India. If he really wants to establish his rights over the property, the remedy would be, to approach the Civil Forum and not by filing a writ petition. Accordingly, the writ petition stands dismissed with liberty to the petitioner to approach the appropriate Civil Forum, if he is so advised. No costs. Consequently, the connected miscellaneous petition is also dismissed.

14.11.2016 AP To 1.The Commissioner Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai Nungambakkam, Chennai.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road Coimbatore 641 018.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment Department, Tiruppur.

4.The Executive Officer Arulmighy Athanoor Amman Kuppana Swamy Thirukovil, Muthur, Tiruppur District.

5.The District Collector,Tiruppur District, Tiruppur. 6.The Assistant Engineer TANGEDCO, Muthur Town, Muthur,Tiruppur District. 7.The Trustees The Muthur Kaaniyalar Arakattallai Muthur, Tiruppur District.

B.RAJENDRAN, J.,

AP WP.No.38928/2016 14.11.2016 http://www.judis.nic.in