Madras High CourtWP(MD)/5732/2022disposed of

Selvakumar .P v. The District Collector

2022-03-31Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.5732 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.5732 of 2022 and W.M.P.(MD).No.4579 of 2022 P.Selvakumar ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Ottapidaram Taluk Office, Ottapidaram, Thoothukudi District.

3.The President, S.Kumarapuram Village Panchayath, Ottapidaram, Thoothukudi District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take necessary action against the 3rd respondent from interfering in the peaceful possession and construction of house in the petitioner's patta land in Survey No.421/38 of S.Kumarapuram Village, to an extent of 83 Sq. meter by considering the petitioner's representation, dated 16.03.2022. For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.M.Lingadurai for R1 and R2 Special Government Pleader Mr.R.Sivanupandian for R3

ORDER

This writ petition has been filed for a Mandamus to forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment in the property.

2.The petitioner claims that he is having an assignment patta in his name.

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W.P.(MD)No.5732 of 2022 3.However, Mr.M.Lingadurai, learned Special Government Pleader, has placed before this Court an order, dated 09.02.2022, by which, the assignment patta standing in the name of the petitioner has been cancelled. Hence, the only recourse available to the petitioner is to challenge the order, dated 09.02.2022, in the manner known to him under law.

4.For the foregoing reasons, the relief sought for in this writ petition cannot be granted. After recording the order, dated 09.02.2022, passed by the Revenue Divisional Officer, this writ petition is disposed of, by granting liberty to the petitioner to challenge the order, dated 09.02.2022, passed by the Revenue Divisional Officer, in the manner known to him under law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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, Thoothukudi District, Thoothukudi. 2.The Tahsildar, Ottapidaram Taluk Office, Ottapidaram, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-16079[F] dated 01/04/2022 ) W.P.(MD)No.5732 of 2022 31.03.2022 nsn(CO) TR(07.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2