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Madras High CourtWP(MD)/9982/2020dismissed

Rajamanickam v. The District Collector

2022-02-10Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Rajamanickam

...Petitioner

Vs.

1.The District Collector, Theni District, Theni.

2.The Sub-Collector, 3.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

4.The Superintendent of Police, Periyakulam Taluk, Periyakulam, Theni District.

5.The Inspector of Police, Devathanampatti Police Station, 6.The Sub Inspector of Police, Jayamangalam Police Station, 7.Ravikumar 8.The Executive Director, R & D Division, NHP Ltd., NHPC Office Complex, Section 33, Earidabad-121 003, Hariyana.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 6 to dispose of the petitioner's representation dated 10.08.2020 submitted for police protection and cancelation of patta within a time frame as fixed by this Court.

For Petitioner : Mr.S.Atham Ali For R1 to R6 :Mr.S.Ravi, Additional Public Prosecutor.

For R7 : Mr.N.Marimuthu For R8 : Mr.N.J.Karthikeyan 1/3

ORDER

This Writ Petition is filed seeking for a direction to the respondents 1 to 6 to dispose of the petitioner's representation dated 10.08.2020 submitted for police protection and cancelation of patta.

2.The method of filing this Writ Petition itself would indicate that what could not be achieved in Civil Court, the petitioner tries to achieve before the Writ Court. The main grievance of the petitioner appears to be with regard to the sale deed executed by his mother and others in favour of 7th respondent dated 04.01.2017. The same cannot be decided here. Though he claims to be the possession of the property, the same has to be proved only before the trial Court. If the petitioner is advised, he is at liberty to approach the trial Court to seek permanent injunction by establishing his possession.

3.In view of the above, I do not find any merit in this Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (WRITS) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr Note :

In view of the present lock down owing to COVID-19 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, Theni District, Theni.

2.The Sub-Collector, 2/3

3.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

4.The Superintendent of Police, Periyakulam Taluk, Periyakulam, Theni District.

5.The Inspector of Police, Devathanampatti Police Station, 6.The Sub Inspector of Police, Jayamangalam Police Station, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

10.02.2022 DP(26.02.2022) 3P 8C 3/3