Madras High CourtWP(MD)/15089/2020dismissed

R.Saminathan v. The Sub Collector

2023-10-05Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Saminathan ... Petitioner Vs

1. The Sub Collector, Sub Collector Office, Pattukottai, Thanjavur District.

2. Madurai Akkabai Amman Chathiram Trust, Rep. by its Trustee, Anandakumar, S/o.Sadasiva Rao, Periyakadai St., Pattukottai, Thanjavur District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first Respondent to conduct an enquiry and pass an order with time stipulated manner in Ref. No. Na.Ka.1827/2020/A6 petition, dated 08.06.2020. For Petitioner : Mr. M.Sridharan For Respondents : Mr.K.S.Selvaganesan for R1 Additional Government Pleader Mr.Niranjan S.Kumar for R2 1/4

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to conduct enquiry and to pass orders within a time frame fixed by this Court.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the first respondent and the learned counsel for the 2nd respondent.

3.On careful reading the affidavit filed in support of the writ petition, it is seen that the petitioner is apprehending that the second respondent trust will interfere with the peaceful possession and enjoyment of the persons in occupation of the property. According to the petitioner, the second respondent is illegally claiming right over the extent of 2480.80 acres. In the considered view of this Court, the affidavit is bereft of details and in any case, the relief sought for by the petitioner cannot be granted by this Court and if at all the petitioner has any right over the property, he has to work out his remedy only before the concerned civil Court. It is brought to the notice of this Court that 2/4

the suit filed was also dismissed. The same has also been mentioned in the counter filed by the second respondent before this Court. This Court does not find any merits in this writ petition. In view of the same, the writ petition stands dismissed. No costs.

05.10.2023 Internet : Yes RR To

1. The Sub Collector, Sub Collector Office, Pattukottai, Thanjavur District.

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N.ANAND VENKATESH, J.

RR WP. (MD)No.15089 of 2020 05.10.2023 4/4