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Madras High CourtWP(MD)/9873/2024disposed of

Ravikumar M v. The District Collector

2024-04-23Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.9873 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9873 of 2024 AND W.M.P.(MD)No.8950 of 2024 M.Ravikumar ... Petitioner Vs.

1. The District Collector, O/o.Theni District, Theni.

2. The Tahsildar, Periyakulam Taluk, Theni District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from disturbing the peaceful living of the petitioner in his assignment property in S.No.1133/4 at Melmangalam Village, Periyakulam Taluk, Theni District based on the petitioner's representation dated 15.04.2024 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.P.Naveenkumar For Respondents : Mr.K.Balasubramani, Special Government Pleader.

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2 W.P.(MD)NO.9873 OF 2024

O R D E R

Heard both sides.

2. According to the petitioner, the petition mentioned land is a patta land. The respondents contend that the document relied on by the petitioner itself is forgery. The respondents would allege that the petition mentioned survey number has actually been classified as "road". Since the petitioner's occupation and possession is not in dispute, if the respondents want to dispossess the petitioner, they have to take action by adopting due process of law.

3. I make it clear that I have not gone into the merits of the matter. The respondents are given liberty to take action. The petitioner's defences are also left open. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.9873 OF 2024 To:

1. The District Collector, O/o.Theni District, Theni.

2. The Tahsildar, Periyakulam Taluk, Theni District.

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4 W.P.(MD)NO.9873 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.9873 of 2024 23.04.2024 4/4