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Madras High CourtWP/44024/2016disposed of

Jothi v. The District Collector

2016-12-22Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.44024 of 2016 and W.M.P.No.37831 of 2016 Jothi ...Petitioner vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The District Adhi Dravidar Welfare Officer, Dharmapuri District,, Dharmapuri.

3. The Special Tahsildar, (Adhi Dravidar Welfare), Dharmapuri District, Dharmapuri.

4. Pandiyan ...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the fourth respondent from interfering with the land assigned to the petitioner under proceedings Na.Ka.1709/97/(A) dated 15.5.1998 by the third respondent in respect of the House Site in Plot No.58, comprised in Survey No.440/1B1 situate at A.Reddihalli Village, Dharmapuri Taluk and District, based on the representation of the petitioner dated 2.12.2016.

For petitioner : Mr.C.Prabakaran For respondents 1 to 3 : Mr.R.S.Selvam, Government Advocate

ORDER

It is submitted by the learned counsel for the petitioner that first respondent has acquired the land comprised in Survey No.440/1B1 situate at A.Reddihalli Village, Dharmapuri Taluk and District, for the purpose of allotment of house site to the SC (A) Community people. The petitioner was allotted Plot No.58 and house site patta was issued by the third respondent dated https://hcservices.ecourts.gov.in/hcservices/

15.5.1995 in Proceedings No.1709/1997(A) and he has been in continuous possession and enjoyment of the property. Pursuant to the allotment of house site patta, the petitioner has made an arrangement for construction of house in his Plot No.58. At this juncture, the fourth respondent who is in no way connected with the property is trying to trespass and interfere with petitioner's property. Therefore, the petitioner has filed the present Writ Petition as stated above.

2. It is submitted by the learned Government Advocate that as far as the official respondents are concerned, they had already allotted plot in favour of the petitioner. Now, the relief claimed by the petitioner is against the fourth respondent. Therefore, the Writ Petition is not maintainable before this Court.

3. In view of the facts and submissions made, the petitioner has not made out any case to entertain the Writ Petition. The petitioner has to approach the appropriate forum against the fourth respondent to redress his grievance. Therefore, the Writ Petition is dismissed, with liberty, the petitioner to approach the Civil Court concerned, if he is so advised. No costs. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// asvm Sub Assistant Registrar Copy to:

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The District Adhi Dravidar Welfare Officer, Dharmapuri District,, Dharmapuri.

3. The Special Tahsildar, (Adhi Dravidar Welfare), Dharmapuri District, Dharmapuri.

+1cc to Mr.PRabakaran, Advocate, S.R.No.76013 +1cc to the Government Pleader, S.R.No.76264 KJ(CO) RS(07/02/2017) W.P.No.44024 of 2016 and W.M.P.No.37831 of 2016 https://hcservices.ecourts.gov.in/hcservices/