Madras High CourtWP(MD)/9107/2019disposed of

Chinnadurai, S/O.Vellaikannu, v. The District Collector

2019-04-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9107 of 2019 Chinnadurai ... Petitioner Vs

1. The District Collector, Trichy District, Trichy.

2. The Special Deputy Collector, (Land Acquisition), TNPL-II Office, Manapparai, Trichy District.

3. The Manager, TNPL, Manmangalam Taluk, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.03.2019 to cancel the exchange deed in Document No.5184/2015 dated 17.08.2015 on the file of the Sub Registrar, Manapparai and to restore the common Well comprised in Survey No.2/1F at K.Periyapatti North Village, Manapparai Taluk, Trichy District in the name of petitioner and his senior fathers namely Thangaraj, Rengasamy and Vellaikannu. For Petitioner : Mr.T.Leninkumar For R1 & R2 : Mr.K.Mu.Muthu Additional Government Pleader For R3 : Mr.M.P.Senthil

ORDER

The relief sought for in the writ petition can be granted only by jurisdictional Civil Court in view of the decision of the Hon'ble Supreme Cout reported in (2016) 10 SCC 767 (Satyapal Anand Vs State of Madhya Pradesh and others)

2. However, taking note of the special facts and circumstances obtaining in this case, the jurisdictional Civil Court is directed to dispose of the suit that is to be instituted by the writ petitioner on merits and in accordance with law within a period of seven months from the date of institution.

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3. With this direction, the Writ Petition is disposed of. No costs.

sd/ Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District, Trichy.

2. The Special Deputy Collector, (Land Acquisition), TNPL-II Office, Manapparai, Trichy District.

3. The Manager, TNPL, Manmangalam Taluk, Karur District.

+1 CC to Mr.T.LENIN KUMAR, Advocate ( SR-61087[F] dated 15/04/2019 ) +1 CC to SPL GP ( SR-61220[F] dated 16/04/2019 ) +1 CC to Mr.M.P.SENTHIL, Advocate ( SR-61455[F] dated 22/04/2019 ) rmk MK/15.05.2019/2P/7C W.P.(MD)No.9107 of 2019 15.04.2019 https://hcservices.ecourts.gov.in/hcservices/