A.Elangovan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Elangovan ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Tahsildar, Illuppur Taluk, Pudukkottai District.

3.Murugappan, Tahsildar, Illuppur Taluk, Pudukkotai District.

4.Nageswari, Revenue Inspector, Illuppur Taluk, Pudukkottai District.

5.Naveenkumar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to take suitable action against the respondents 3 to 4 for their wilful and wanton acts of demolition of Petitioner house situate at S.No.366/12 and 366/15 of Pulivyal Village, Illuppur Taluk, Pudukkottai District during pendency of the Civil Suit before 1/4

the learned Sub-Court, Pudukkottai in O.S.No.472 of 2019 without considering the Petitioner's representation, dated 5.12.2029 and consequently to restore the Petitioner to its original position based on the Petitioner's representation dated 18.2.2020 within the time stipulated by this Court. For Petitioner : Mr.V.Selva For Respondents : Mr.D.Gandhiraj 1 and 2 Special Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the first respondent to take appropriate action against the respondents 3 and 4 for their wilful and wanton acts of demolition of Petitioner house situate at S.No. 366/12 and 366/15 of Pulivyal Village, Illuppur Taluk, Pudukkottai District, 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.It is seen that there is a property dispute between the Petitioner and respondents 3 to 5 herein. In fact, the subject property is already subjected to adjudication in O.S.No.472 of 2019, on the file of Sub-Court, Pudukkottai.Therefore the representation submitted by the Petitioner for taking action against the respondents 3 to 5 by the first respondent cannot be 2/4

considered. This Court finds no merit in the Writ Petition and as such, the Writ Petition is liable to be dismissed.

4.Accordingly, the Writ Petition stands dismissed. There shall be no order as to cost.

19.12.2024 NCC:Yes/No Internet : Yes Index : Yes/No vsn To 1.The District Collector, Pudukkottai District.

2.The Tahsildar, Illuppur Taluk, Pudukkottai District.

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G.K.ILANTHIRAIYAN, J.

vsn 19.12.2024 4/4