Zahirudeen.M v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.10299 of 2023 and W.M.P.(MD)No.9153 of 2023 M.Zahirudeen ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Commissioner of Police, Madurai City, Madurai.

4.The Inspector of Police, CI, Thideer Nagar Police Station, Madurai.

5.Ramadass 1/6

6.V.G.R.Lakshan ... Respondents [R5 is deleted and respondents 6 & 7 are re-arranged as R5 & R6 vide order dated 27.04.2023] PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 7 and their men not to interfere in the civil dispute in any manner without any civil court decree or order in favour of respondents 6 & 7 as against the petitioner and his family member in respect of the property in S.F.No.399 in Shop No.44 and existing pathway to reach Town Hall Road, Madurai from the petitioner's house bearing Door No.43.

For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents 1 & 2 : Mrs.S.Jeyapriya, Government Advocate For Respondents 3 & 4 : Mr.A.Albert James Government Advocate [Crl. Side] For Respondents 5 & 6 : Mr.N.Sathis Babu 2/6

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 7 and their men not to interfere in the civil dispute in any manner without any civil court decree or order in favour of respondents 6 & 7 as against the petitioner and his family member in respect of the property in S.F.No.399 in Shop No.44 and existing pathway to reach Town Hall Road, Madurai from the petitioner's house bearing Door No.43.

2.Learned Counsel for the petitioner would submit that the respondents without any civil court decree, are interfering with the petitioner's possession. He would further submit that the private respondents have demolished the wall. However, the respondents would submit that they are not interfering with the petitioner's possession.

3.From the above submissions, this Court is of the view that the issue involves disputed questions of facts and that the right course available to the parties is to approach the civil court and agitate their rights before the concerned Civil Court. Therefore, this Court finds that this Writ Petition cannot be entertained. 3/6

4.Accordingly, this Writ Petition stands dismissed, with liberty to the parties to approach the Civil Court. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

04.12.2025 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Commissioner of Police, Madurai City, Madurai.

4.The Inspector of Police, CI, Thideer Nagar Police Station, Madurai.

5/6

KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.10299 of 2023 04.12.2025 6/6