Gnanappazham.R v. The Sub Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)Nos.1327 & 1328 of 2021 R.Gnanappazham ... Petitioner Vs.
1.The Sub-Collector, Dindigul District, O/o. the Sub-Collector, Palani Road, Dindigul District - 624 601.
2.The Tahsildar, O/o. the Palani Taluk Office, Palani Town, Dindigul District.
3.The Revenue Inspector, O/o. the Revenue Inspector Office, Palani Town, Dindigul District - 624 601.
4.P.Marimuthu 5.P.Gowri 6.P.Swarnalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent under his proceedings bearing No.Na.Ka.No.10131/2018/C2, dated 30.05.2019 and the consequential proceedings of the 1st respondent under the proceedings bearing No.o.mu 2571/2019/A6, dated 03.06.2019 and quash the same and consequently, forbear the respondents from in anyway interfering with the petitioner's peaceful possession and enjoyment of the properties comprised in S.No.469/5, 469/6, 469/7, 469/8, 476/5, 476/6 situated at Ayyampulli Village, Palani Taluk, Dindigul District.
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For Petitioner : Mr.M.Ponniah For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader for R.1 to R.3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition challenging the memos issued on 30.05.2019 and 03.06.2019, by which, the petitioner was asked to remove the encroachment, failing which, it was stated that consequential action would follow.
2. The learned Counsel appearing for the petitioner submitted that the petitioner her been illegally dispossessed and there is a suit pending.
3. The learned Special Government Pleader appearing for the official respondents submitted that the petitioner's encroachment has been removed, after following due procedure.
3. We are not inclined to go into the said issue. The impugned two memos have been issued as early as on 30.05.2019 and 03.06.2019. They, by itself, would not constitute any cause of action. Furthermore, the petitioner has already filed a suit, in which, the revenue officials are parties. Therefore, nothing prevents him from getting appropriate relief in the suit. As of now, the petitioner has been dispossessed. But, the petitioner has not stated about the subsequent action and there is also a delay in approaching this Court for challenging the impugned memos. Thus, looking from any perspective, we are not inclined to interfere with the orders impugned.
4. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Sub-Collector, Dindigul District, O/o. the Sub-Collector, Palani Road, Dindigul District - 624 601.
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2.The Tahsildar, O/o. the Palani Taluk Office, Palani Town, Dindigul District.
3.The Revenue Inspector, O/o. the Revenue Inspector Office, Palani Town, Dindigul District - 624 601.
+1 CC to GP ( SR-3361[F] dated 04/02/2021 ) 02.02.2021 (TP) KV(15.02.2021) 3P 5C 3/3