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Madras High CourtWP(MD)/3975/2020dismissed

S. Selvakumar v. The District Collector

2022-02-22Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.3975 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.3975 of 2020 S.Selvakumar

...Petitioner

/Vs./ 1.The District Collector, Thirunelveli District, Thirunelveli.

2.The Revenue Divisional Officer, Thirunelveli District, Thirunelveli.

3.The Superintendent of Police, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

5.Loganayaki @ Logammal 6.C.Rajalingam

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 04.03.2019. For Petitioner : Mr.K.Kumaravel For R1 to R4 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

For R5 and R6 : Mr.S.T.Sasitharan Tamilkani

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to conduct enquiry and remove the dead body buried in the land belonging to the writ petitioner.

2.A perusal of the affidavit clearly shows that there is a civil dispute pending between the petitioner and the respondents 5 and 6. The 5th respondent is the second wife of the petitioner's father. The relief sought for in the suit is for declaration and to set aside the sale deeds executed in favour of third party. As the title itself is in question and has not been established, this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3975 of 2020 cannot pass any positive directions, holding that the petitioner is entitled to the immovable property. The title is to be established first to claim any other rights over the property. In such view of the matter, this Court is not inclined to pass any blanket directions. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Thirunelveli District, Thirunelveli.

2.The Revenue Divisional Officer, Thirunelveli District, Thirunelveli.

3.The Superintendent of Police, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.3975 of 2020 22.02.2022 SVN(CO) GC(07.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2