Madras High CourtWP(MD)/7973/2021dismissed

Manimegalai.R v. The Dist.Collector

2023-09-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.6086 of 2021 1.R.Manimegalai 2.Geetha 3.A.Shanthi 4.B.Jayalakshmi 5.R.Vasuki 6.T.Sridevi ... Petitioners Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

4.Rajamani 1/4

5.Dhanasekaran 6.Dhanavendran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take action against the respondents 4 to 6 not to interfere in respect of the lands situated in Survey Nos.180-1B1180-1B2, 180-2, 182-1A, 182-1B, 183-2A, 183-2B, Thamarakki Village, Sivagangai Taluk, Sivagangai District on basis of the consider the petitioner's representation dated 02.11.2020. For Petitioners : Mr.C.Ezhilarasu For R-1 to R-3 : Mr.R.Suresh Kumar, Additional Government Pleader

ORDER

This Writ Petition is filed for Writ of Mandamus, to direct the respondents 1 to 3 to take action against the respondents 4 to 6 not to interfere in respect of the lands situated in Survey Nos.180-1B1180-1B2, 180-2, 182-1A, 182-1B, 183-2A, 183-2B, Thamarakki Village, Sivagangai Taluk, Sivagangai District on the basis of the petitioner's representation dated 02.11.2020.

2. Heard the learned Counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

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3. On bare reading of the prayer itself would be evident that the petitioners have converted the writ jurisdiction under Article 226 as Civil Suit. The claim of the petitioner lies before the appropriate Civil Court. Therefore, this Court is not inclined to entertain this Writ Petition. The petitioner is at liberty to file civil suit, if so advised and the same ought to be considered as per law.

4. With these observations and directions, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

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S.SRIMATHY, J.

Sml 22.09.2023 4/4