Aboorvam Ammal v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN ABOORVAM AMMAL .. Petitioner Vs
1. THE COLLECTOR CUDDALORE DISTRICT, CUDDALORE.
2. THE TAHSILDAR KURINJIPADI TALUK, KURINJUPADI.
3. THE BLOCK DEVELOPMENT OFFICER VILLAGE PANCHAYAT UNION, KURINJIPADI PANCHAYAT UNION OFFICE
4. THE DISTRICT SOCIAL WELFARE OFFICER VILLAGE PANCHAYAT UNION KURINJIPADI PANCHAYAT UNION OFFICE,
5. THE PRESIDENT ANUKKAMPATTU PANCHAYAT KURINJIPADI TALUK, CUDDALORE DISTRICT.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to surrender the lands encroached in S.No.28/1 of Anukkampattu Village, Kurinjipadi Taluk, Cuddalore District belonging to the writ petitioner by removing the encroachment or alternatively directing the Respondents to acquire the encroached lands belonging to the writ petition and pay fair compensation.
For the Petitioner : Mr.T.S.Baskaran For the Respondents : Mr.M.Habeeb Rahman Government Advocate for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct the respondents to surrender the lands in S.No.28/1 of Anukkampattu Village, Kurinjipadi Taluk, Cuddalore District, belonging to the writ petitioner by removing the encroachment or in the alternative to direct the respondents to acquire the encroached lands belonging to the writ petitioner and pay fair compensation.
2. Admittedly, the petitioner has already filed a suit in O.S.No.44 of 2021 on the file of the Subordinate Judge, Neiveli, seeking declaration of title; delivery of possession; and damages, in respect of the writ subject property. The grievance ventilated by the petitioner is that pending consideration of the said suit, the respondents are endeavouring to put up an Anganwadi Building in the writ subject property and, hence, the direction as prayed for be granted.
3. It is well settled proposition of law that this Court would not go into intricate questions relating to property rights, as a regular suit is the appropriate remedy for settlement of such disputes, and the remedy under Article 226 of the Constitution of India, which is summary in nature, is not available for such purposes.
4. The instant writ petition raises complex questions of fact qua the title of the property and the determination thereof, with certitude, requires evidence to be let in. Inasmuch as the petitioner
has already filed a suit and the same is pending, we are not disposed to entertain the writ petition. It is for the petitioner to workout her rights in the pending suit.
For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.No.30423 of 2024 is closed.
(D.K.K., ACJ.) (M.J.R., J.) 26.09.2024 Index :
Yes/No NC :
Yes/No sasi To:
1. THE COLLECTOR CUDDALORE DISTRICT, CUDDALORE.
2. THE TAHSILDAR KURINJIPADI TALUK, KURINJUPADI.
3. THE BLOCK DEVELOPMENT OFFICER VILLAGE PANCHAYAT UNION, KURINJIPADI PANCHAYAT UNION OFFICE
4. THE DISTRICT SOCIAL WELFARE OFFICER VILLAGE PANCHAYAT UNION KURINJIPADI PANCHAYAT UNION OFFICE,
THE HON'BLE ACTING CHIEF JUSTICE AND M.JOTHIRAMAN,J.
(sasi) 26.09.2024