P.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No. 33652 of 2022 P.Gopal

...Petitioner

Vs.

1.The District Collector Perambalur District Perambalur 2.The Tahsildar Kunnam Taluk Perambalur District 3.The Block Development Officer Veppur Union Perambalur District

4. The Panchayat President Ogalur Kunnam Taluk Perambalur District ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the 4th respondent to remove

the notice board affixed in front of the petitioner's house property comprising in Survey No.21 measuring 2 cents situated at Kalanivasal Village, Ogalur Panchayat, Kunnam Taluk, Perambalur District and consequently direct the 4th respondent not to give trouble to the petitioner in any manner based on the representation dated 21.11.2022. For Petitioner : Ms.S.Vinodha For Respondents : Mr.N.Naveen Kumar , Govt.Advocate for R1 to 4

O R D E R

Writ Petition is filed seeking to issue a Writ of mandamus to direct the 4th respondent to remove the notice board affixed in front of the petitioner's house property comprising in SurveyNo.21 measuring 2 cents situated at Kalanivasal Village, Ogalur Panchayat, Kunnam Taluk, Perambalur District and consequently direct the 4th respondent not to give trouble to the petitioner in any manner based on the representation dated 21.11.2022.

2. The grievance of the petitioner is that she is in possession of the land in Survey No.21 measuring 2 cents adjoining to his house. He has despite given several representations to grant patta in respect of the 2 cents,

the authorities have not granted patta and rejected. In the mean while, he has also sent several representations and he has also filed W.P.No.13261 of 2020, for mandamus directing the respondents to consider his representation dated 01.06.2020. However, the same has not been considered. Despite the order, patta has not been issued. In the meanwhile, the 4th respondent affixed a board claiming as it is a Panchayat property. Therefore, seeks to remove the board.

3. When the petitioner right itself is not been established over the land in question, as a matter of right cannot aske for removal. If at all the petitioner wants to establish his right over the property let him file an appropriate suit before the Civil Court and establish his right. With the above observation, the Writ Petition is dismissed. No Costs. Consequently, connected Writ Miscellaneous petition is closed. 21.12.2022 kpr Internet:Yes Speaking/non-speaking order

To 1.The District Collector Perambalur District Perambalur 2.The Tahsildar Kunnam Taluk Perambalur District 3.The Block Development Officer Veppur Union Perambalur District

4. The Panchayat President Ogalur Kunnam Taluk Perambalur District

N. SATHISH KUMAR, J.

kpr & W.M.P.No. 33652 of 2022 21.12.2022