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Madras High CourtWP/35730/2023dismissed

L.Murugan v. The District Collector

2024-01-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN L.Murugan ... Petitioner Vs.

1. The District Collector, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri District.

3. The Tahsildar, Harur Taluk, Dharmapuri District.

4. T.Shanmugam

5. K.Ramamoorthy

6. K.Krishnamoorthy

7. P.Palanisamy

8. P.Ganesan ... Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3, to dispose the petitioner representation dated 17.10.2023 and consequently protect the occupancy right envisaged under the Tamilnadu Estate Land Act 1908 and enable to do the cultivation in the paddy field. For Petitioner : Mr.T.N.Murali Moghan For R1 to R3 : Mr.R.Vigneshwaran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 3, to dispose the petitioner's representation dated 17.10.2023.

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

3. The main grievance of the petitioner is that the private respondents are disturbing his possession and obstructing him to do the cultivation in his agricultural field. The petitioner has to establish his right through oral and documentary evidence by approaching the Civil court and not by way of writ petition. Since, it requires pleadings, oral and documentary evidence and trial, this Court cannot conduct a roving enquiry.

4. In view of the above, the Writ Petition is dismissed. However, the petitioner is at liberty to work out his remedy before appropriate forum in the manner known to law. There shall be no order as to costs. 02.01.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Dharmapuri District.

2. The Revenue Divisional Officer, Dharmapuri District.

3. The Tahsildar, Harur Taluk, Dharmapuri District.

P.VELMURUGAN, J.

mfa 02.01.2024