Rajamuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.P.(MD)No.4695 of 2025 Rajamuthu : Petitioner Vs.

1.The District Collector, Theni, Theni District.

2.The Assistant Director, Agricultural Department, Uthamapalayam, Theni District.

3.The Revenue Inspector, Uthamapalayam, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents not to interfere in the petitioner's peaceful possession and enjoyment of 1/6

the petitioner's property situated in Patta No.1410, in Survey No. 600, Gombai Village, Uthamapalayam Taluk, Theni District on the basis of the petitioner's representation dated 21.02.2025 within a stipulated period as prescribed by this Court. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.M.Lingadurai, Special Government Pleader

O R D E R

The petitioner seeks issuance of Writ of Mandamus to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of his property situated in Survey No.600, Gombai Village, Uthamapalayam Taluk, Theni District. 2.Heard the learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

3.Admittedly, the petitioner has chosen to file a civil suit in O.S.No.220 of 2022, which is pending before the District Munsif Court, Uthamapalayam. The said petitioner has arrayed the District 2/6

Collector, District Revenue Officer as well as the Tahsildar as party defendants in the said suit. The relief sought for in the said suit is only a permanent injunction to restrain the defendants namely the revenue officials from interfering with the peaceful possession of the petitioner. Pending the said suit, the petitioner has approached this Court impleading the second respondent, Assistant Director of Agriculture Department, Uthamapalayam, contending that the second respondent is now disturbing the possession of the petitioner. The petitioner has also given a representation dated 21.02.2025 to the District Collector, District Revenue Officer, as well as the Tahsildar.

4.When the petitioner has already filed a suit against these revenue officials including the District Collector, it would be appropriate for the petitioner even to seek disposal of his representation regarding the interference by the second respondent in this regard. The petitioner is always at liberty to implead the second respondent in the pending suit and seek appropriate relief. 3/6

5.Giving such liberty, this Writ Petition is disposed of. There shall be no order as to costs.

10.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Theni, Theni District.

2.The Assistant Director, Agricultural Department, Uthamapalayam, Theni District.

3.The Revenue Inspector, Uthamapalayam, Theni District.

5/6

P.B.BALAJI.

, J.

MR 10.03.2025 6/6