G.Dhanabal v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.18468 of 2004 G.Dhanabal ... Petitioner Vs.

1. The District Collector, Vellore District.

2. The Commissioner, Tirupattur Municipality, Vellore District.

3. The Tahsildar, Tiruppattur, Vellore District.

4.The Executive Officer, Arulmighu Dharmarajar Temple, Tirupattur, Vellore District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to restore possession of door No.47-B, Dharmarajar Koil 7th Street, Tirupattur Town, Vellore District to the petitioner.

For Petitioner :: Mr.A.Sivaji For Respondents:: Mr.Akhil Akbar Ali Government Advocate for R1 & R3 Mr.R.Vijayakumar for R2 Mr.Maharaja Special Government Pleader for R4

O R D E R

The Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents 2 and 3 to restore possession of door No.47-B, Dharmarajar Koil 7th Street, Tirupattur Town, Vellore District to the petitioner.

2. 2. The case of the petitioner is that he was paying the lease amount to the Temple Authorities. However, without issuing any notice, the building is demolished, despite objections from the Temple Authorities, based on the order passed in W.P.No.9168/ 2003 dated 25.03.2003.

3. Mr.Maharaja, learned Special Government Pleader would submit that there is a dispute with regard to the title over the property and it could be decided only by a Competent Civil Court and the disputed questions of fact cannot be gone into in the present writ petition.

4. It is seen from the records that even according to the petitioner, the Government as well as the fourth respondentExecutive Officer, Arulmighu Dharmarajar Temple, Tirupattur, Vellore District, have claimed title over the property. Since there is a dispute with regard to the title, this Court is of the considered opinion, that the title can be decided only by a Comptent Civil Court and till the title is decided, the prayer sought for in the Writ Petition cannot be considered by this Court.

5. In view of the above facts, I find no merit in the Writ Petition. Hence, the Writ Petition is dismissed, giving liberty to the petitioner to approach the Competent Civil Court for redressal of his grievance. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To:

1. The District Collector, Vellore District.

2. The Commissioner, Tirupattur Municipality, Vellore District.

3. The Tahsildar, Tiruppattur, Vellore District.

4. The Executive Officer, Arulmighu Dharmarajar Temple, Tirupattur, Vellore District.

+ 1 cc to Mr.A.Sivaji, Advocate,SR.49972 + 1 cc to The Govt.Pleader, SR.50970 W.P.No.18468 of 2004 SKS(CO) NR 13/09/2017