Madras High CourtWP(MD)/13701/2017dismissed

M.Karuppaiah v. The District Collector

2017-07-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 13701 of 2017 M.Karuppiah ... Petitioner -Vs1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The Superintendent of Police, Dindigul District, Dindigul.

4. The Inspector of Police, Thadikombu Police Station, Thadikombu, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 3 and 4 herein to consider and take appropriate action on the petitioner's representation dated 16.05.2017. For Petitioner : Mr.A.Saravanan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader

O R D E R

This writ petition is filed for issuing a Writ of Mandamus to direct the respondents 3 and 4 herein to consider and take appropriate action on the petitioner's representation dated 16.05.2017. The representation dated 16.05.2017, was submitted by the petitioner seeking police protection to him and to his properties in respect of certain lands.

2. It is submitted by the learned counsel for the petitioner that the revenue officials have not passed orders on the representation of the petitioner dated 16.05.2017, to correct the wrong entries in favour of the petitioner or in favour of the person against whom the petitioner is raising the dispute. When there is a https://hcservices.ecourts.gov.in/hcservices/

dispute relating to title or enjoyment of immovable properties, it is not appropriate to entertain complaints and this Court cannot aid such course.

3. In these circumstances, the only remedy available to the petitioner is to get appropriate orders from the competent Civil Court in the manner known to law. Even if there is any violation of Civil Court's order, the Civil Court itself is competent in giving police protection to the petitioner's possession in question, if he establishes his lawful possession and gets an order of injunction.

4. This Writ Petition is dismissed, giving liberty to the petitioner to approach the competent Civil Court to seek appropriate relief. No costs.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The Superintendent of Police, Dindigul District, Dindigul.

4. The Inspector of Police, Thadikombu Police Station, Thadikombu, Dindigul District.

+ 1 CC TO Mr.A.SARAVANAN, ADVOCATE IN SR No. 68047 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 68318 MM/GK TE/KK/SAR-I : 08/08/2017 : 2P/7C W.P.(MD) No. 13701 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/