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Madras High CourtWP/533/2024dismissed

Sumathi Rangam v. The District Collector

2024-01-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Sumathi Rangam ... Petitioner Vs.

1. The District Collector, Salem.

2. The Thasildar, Office of Thasildhar, Omalur, Salem District.

3. Padmavathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to consider the representation dated 03.10.2023 and 03.11.2023 issued by the petitioner to restrain the second respondent to disturb with the possession of the petitioner in the guise of surveying the property comprised in SF.No.45/3 of the Manathal Village, Omalur Taluk, Salem District.

For Petitioner : Mr.R.Nalliyappan For R1 & R2 : Mr.R.U.Dinesh Rajkumar

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the first respondent herein to consider the representation dated 03.10.2023 and 03.11.2023 issued by the petitioner to restrain the second respondent from disturbing the possession of the petitioner in the guise of surveying the property comprised in SF.No.45/3 of the Manathal Village, Omalur Taluk, Salem District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

3. The main grievance of the petitioner is that the private respondent is disturbing his possession and hence the petitioner has filed a Civil Suit in O.S.No.210 of 2023, seeking relief of declaration and injunction on the file of the Subordinate Court, Omalur and the same is pending. This Court cannot decide as to whether the petitioner is in

possession in the property and whether the private respondent made disturbance to the petitioner's possession. The petitioner has to readdress his grievance before the Civil Court.

4. In view of the above, the Writ Petition is dismissed. There shall be no order as to costs. The petitioner is at liberty to work out his remedy before the competent Civil Court.

11.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Salem.

2. The Thasildar, Office of Thasildhar, Omalur, Salem District.

P.VELMURUGAN, J.

mfa 11.01.2024