S.Ochathevar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and W.M.P.(MD).No.10907 of 2020 S.Ochathevar ... Petitioner Vs.
1.The District Collector, Office of the District Collectorate, Madurai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai.
3. The Tahsildar, Office of the Tahsildar, Usilampatti Taluk, Madurai District.
4.The Block Development Officer, Office of the Block Development Officer, Chellamatti Panchayat Union, Usilampatti Taluk, Madurai District.
5.The Inspector of Police, Vikramangalam Police Station, Madurai District.
6.V.P.Murugan .. Respondents [R6 impleaded vide order dated 19.11.2020 in W.M.P.(MD.13277 of 2020] PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents herein from in any manner disturbing the petitioner's 1/3
peaceful possession and enjoyment of petitioner's patta land comprised in Survey Nos.111/2A1, 111/1 and 111/2C situated at Sakkarappanaickanoor Village.
For Petitioner : Mr.S.Ramsundarvijayraj For Respondents: Mr.C.M.Marichelliah Prabhu Additional Government Pleader for R1 to R3 and R5 Ms.Lakshmi Prasanna Standing Counsel for R4 Mr.S.M.Mohan Gandhi for R6
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents herein from in any manner disturbing the petitioner's peaceful possession and enjoyment of the petitioner's patta land comprised in Survey Nos.111/2A1, 111/1 and 111/2C situated at Sakkarappanaickanoor Village.
2. Mr.C.M.Marichelliah Prabhu, Additional Government Pleader takes notice for respondents 1 to 3 and 5, Ms.Lakshmi Prasanna, learned Standing Counsel takes notice for the fourth respondent and Mr.S.M.Mohan Gandhi, learned counsel takes notice for the sixth respondent. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. Though the petitioner has sought for a direction forbearing the respondents from disturbing the petitioner's peaceful possession and enjoyment of his patta land in the above said survey numbers, the petitioner is not entitled to get any relief before this Court. A reading of the affidavit shows that the remedy lies to the petitioner only before the Civil Court and this Court cannot look into the issue raised in this writ petition. Therefore, this writ petition stands disposed of by granting liberty to the petitioner to agitate his grievance before the appropriate forum. No Costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
PJL 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, Office of the District Collectorate, Madurai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai.
3. The Tahsildar, Office of the Tahsildar, Usilampatti Taluk, Madurai District.
4.The Block Development Officer, Office of the Block Development Officer, Chellamatti Panchayat Union, Usilampatti Taluk, Madurai District.
5.The Inspector of Police, Vikramangalam Police Station, Madurai District.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-22239[F] dated 20/11/2020 ) +1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-22253[F] dated 20/11/2020 ) 19.11.2020 KUN (CO) NR (21/12/2020) 3P : 8C 3/3