M.Kuppusami v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.29430 of 2023 M.Kuppusami ... Petitioner versus 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Tindivanam Taluk, Villupuram District.

3.The Block Development Officer, Block Development Office, Marakkanam, Marakkanam, Villupuram District.

4.The Village Administrative Officer, Avanampattu Village, Tindivanam Taluk, Villupuram District.

5.The Inspector of Police, Mailam Police Station, Villupuram District.

Pg.Nos.1/6

6.Palani 7.Elumalai @ Balu 8.Velan 9.Venkatesan 10.Irusappan 11.Jayaraman 12.Sekar ... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing respondents 1 to 5 to take action against respondents 6 to 12 not to interfering carryout any activities in the patta land belong to the petitioners in Old S.No.41/14 and New S.No.51/4 at Avanampattu Village, Tindivanam Taluk, Villupuram District except by due process of law.

For Petitioner : Mr.M.Mahendran For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1, R2 and R4 Mr.K.Karthik Jagannath Government Advocate for R3 Mr.S.Sugendran Additional Government Pleader for R5

O R D E R

This Writ Petition has been filed seeking a mandamus directing respondents 1 to 5 to take action against respondents 6 to 12 not to interfere and carryout any activities in the petitioner's Patta land in Old S.No.41/14 Pg.Nos.2/6

and New S.No.51/4 at Avanampattu Village, Tindivanam Taluk, Villupuram District.

2. According to the petitioner, the petitioner and his sisters are in peaceful possession and enjoyment of the subject property from several years and Patta also stands in the name of the petitioner's grandfather. Respondents 6 to 12 with the help of the rowdy elements trespassed into the petitioner's land and unwontedly started to build a temple in the said land and interfering with the peaceful possession of the petitioner's Patta land. Hence, the petitioner is before this Court.

3. Heard the learned counsel on either side and perused the materials available on record.

4. On a perusal of the records and the submissions made by the learned counsel on either side, this Court is of the opinion that the dispute between parties is purely civil in nature and they have an alternative remedy Pg.Nos.3/6

through Civil Court and hence, the writ petition filed under Article 226 of Constitution of India would not be maintainable.

5. In view of the above, the writ petition is dismissed with liberty to the petitioner to workout his remedy in the manner known to law and raise all his objections in that proceedings. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.10.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6

To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Tindivanam Taluk, Villupuram District.

3.The Block Development Officer, Block Development Office, Marakkanam, Marakkanam, Villupuram District.

4.The Village Administrative Officer, Avanampattu Village, Tindivanam Taluk, Villupuram District.

5.The Inspector of Police, Mailam Police Station, Villupuram District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 16.10.2023 Pg.Nos.6/6