Madras High CourtWP(MD)/23975/2017dismissed

Kasaniya, v. The District Collector,

2017-12-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.23975 of 2017 and W.M.P(MD)No.20130 of 2017 Kasaniya ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Y.Othakadai, Madurai District.

3.The Tahsildar, Melur, Madurai District.

4.The Head Surveyor, Melur Taluk, Madurai District.

5.Saravanakumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 3 to 5 from entering the petitioner's premises situated in survey nos.218/17, 218/18, 218/3, 218/11, 218/12, 218/13 and 218/15, Therku Theru Village, Melur Taluk, Madurai District by way of surveying the lands and marking boundary stones, based on the petitioner's objection dated 05.12.2017.

For Petitioner : Mr.T.Ramesh For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate for R.1 to R.4

ORDER

This writ petition has been filed by the petitioner, seeking a writ of mandamus, forbearing the respondents 3 to 5 from entering her premises, at the guise of survey, by considering her objection letter dated 05.12.2017.

2. Heard the learned Counsel on both sides.

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3. The writ petitioner apprehends violation of his possessory rights, at the instance of the fifth respondent. Since this is a

private dispute between the writ petitioner and the fifth respondent, it is for the writ petitioner to work out her rights before the competent Civil Court and a writ petition will not lie.

4. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Y.Othakadai, Madurai District.

3.The Tahsildar, Melur, Madurai District.

4.The Head Surveyor, Melur Taluk, Madurai District.

+1cc to Special Government Pleader, SR.No. 94927 W.P.(MD) No.23975 of 2017 22.12.2017 gk JM/SKN RSK/SAR 1/12.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/