R. Thangammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Thangammal ... Petitioner - Vs. -

1. The District Collector District Collectors Office, Karur, Karur District.

2. The Revenue Divisional Offic Er, Revenue Divisional Office, Kulithalai Taluk, Karur District.

3. The Tahsildar Taluk Office, Kulithalai Taluk, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a of Mandamus directing the respondents herein to remove the fencing put up by the 3rd respondent on petitioners property situated at Karur District, Kulithalai Taluk, Puthur, Mettumarudhur, Mettumarudhur North II Village, S.F.No. 312/3, New S.F.No. 909, measuring 2714 Square Feet land in the light of petitioner representation dated 26.11.2024 within a stipulated period as may be fixed by this Court. For Petitioner : Mr.H.Jahir Hussain For Respondents : Mr.D.Gandhi Raj Special Government Pleader 1/4

ORDER

This writ petition has been filed for a direction directing the respondents herein to remove the fencing put up by the 3rd respondent on petitioners property situated at Karur District, Kulithalai Taluk, Puthur, Mettumarudhur, Mettumarudhur North II Village, S.F.No. 312/3, New S.F.No. 909, measuring 2714 Square Feet land in the light of petitioner representation dated 26.11.2024 within a stipulated period as may be fixed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The property situated at Karur District, Kulithalai Taluk, Puthur, Mettumarudhur, Mettumarudhur North II Village, S.F.No. 312/3, New S.F.No. 909, measuring 2714 Square Feet land owned by his father and he had executed a settlement deed on 28.06.1991 in favour of the petitioner through a settlement deed vide Doc.No.635/1991. His father derived title over the property by long possession and enjoyment of the 2/4

said property. After execution of settlement deed, the petitioner never was in possession and he was out of town. Further the said land is classified as Arasu Poramboke and natham vaikal as per the revenue records. Further, the petitioner's father has no title over the property and he derived only by long possession and enjoyment of the said property. However, it is lying vacant and no one is in possession and enjoyment of the same.

4. In view of the same, the relief sought for in this writ petition cannot be granted and the writ petition is liable to be dismissed and the same is dismissed. No costs.

20.01.2025 Index : Yes / No NCC : Yes / No CM 3/4

G.K.ILANTHIRAIYAN , J.

CM TO:-

1. The District Collector District Collectors Office, Karur, Karur District.

2. The Revenue Divisional Offic Er, Revenue Divisional Office, Kulithalai Taluk, Karur District.

3. The Tahsildar Taluk Office, Kulithalai Taluk, Karur District.

Order made in Dated:

20.01.2025 4/4