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Madras High CourtWP/30105/2018dismissed

M.Mahendran v. The District Collector

2024-04-04Honourable Mr Justice N. Sathish Kumar4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 04-04-2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.30105 of 2018 M.Mahendran ...

Petitioner -vs1.The District Collector, Vellore District.

2.The District Surveyor, Vellore District.

3.The Special Tahsildar, Town and Land Tax Scheme, Ranipet (E) Arcot, Vellore District.

4.AK.Mohammed Khan ...

Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the third respondent not to demarcate the property which is in possession and occupation of the petitioner in Ward C, Block 28, T.S.No.19/15, Patta No.22, in Thandu Bazaar Street, Arcot Town, and in S.R.No.954/1, Thandu Bazaar Street, Arcot Town, on the basis of the representation, dated 13.07.2018.

2/4 For Petitioner : Ms.S.Sasikala For Respondents 1 to 3 : Mr.U.Bharanidharan, Addl.Govt.Pleader.

For Respondent 4 : Mr.K.Raja Shrinivas

ORDER

This Writ Petition has been filed praying for a direction to the third respondent not to demarcate the property which is in possession and occupation of the petitioner in Ward C, Block 28, T.S.No.19/15, Patta No.22, in Thandu Bazaar Street, Arcot Town, and in S.R.No.954/1, Thandu Bazaar Street, Arcot Town, on the basis of the representation, dated 13.07.2018.

2. The affidavit of the petitioner itself indicates that the Civil Court has granted a decree in favour of fourth respondent and the entire pleadings in the affidavit do not indicate that the said decree has either been challenged or set aside.

3. Such being the position, there cannot be a blanket direction or order forbearing the respondent from performing his statutory duty. Writ Petition is, therefore, dismissed. No costs.

04-04-2024 Index : Yes/No Internet : Yes/No dixit

3/4 To 1.The District Collector, Vellore District.

2.The District Surveyor, Vellore District.

3.The Special Tahsildar, Town and Land Tax Scheme, Ranipet (E) Arcot, Vellore District.

4/4 N.SATHISH KUMAR, J.

dixit W.P.No.30105 of 2018 04-04-2024