Madras High CourtWP(MD)/6945/2017dismissed

B.Kanchana v. The District Collector

2017-04-18Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD).No.6945 of 2017 and W.M.P(MD).No.5485 of 2017 B.Kanchana .. Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Assistant Commissioner (Excise), Collector Office Building, Theni, Theni District.

4.The District Manager, TASMAC, Theni.

5.Niran .. Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents Nos.1 to 4 herein not to permit the 5th respondent to open the TASMAC shop comprised in Resurvey Nos.1241/1, 1241/2, 1242 situated at Vadaveeranaickenpatti, Periyakulam Taluk, Theni District based on the Petitioner's representation dated 07.04.2017 made to the respondents No.1 to 4.

For Petitioner :Mr.M.Ramu For Respondents :Mr.D.Muruganandham 1 to 4 Additional Government Pleader

O R D E R

The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents Nos.1 to 4 herein not to permit the 5th respondent to open the TASMAC shop comprised in Resurvey No.1241/1, 1241/2, 1242 situated at Vadaveeranaickenpatti, Periyakulam Taluk, Theni District based on the Petitioner's representation dated 07.04.2017 made to the respondents Nos. 1 to 4.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4.

https://hcservices.ecourts.gov.in/hcservices/

3.According to the petitioner, there seems to be dispute regarding ownership of the property in question as against the fifth respondent herein.

4.The entire grievance of the petitioner appears to be in civil nature and hence, prayer sought for in this writ petition cannot be granted in view of the disputed question of facts. 5.In such circumstances, the writ petition is not maintainable and the same is dismissed. No costs. Consequently, connected C.M.P.(MD) No.5485 of 2017 is also dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To, 1.The District Collector,Theni District,Theni. 2.The District Revenue Officer,Theni District,Theni. 3.The Assistant Commissioner (Excise), Collector Office Building, Theni,Theni District. 4.The District Manager,TASMAC,Theni.

+1CC to M/S.M.Ramu, Advocate, SR.No. 52575 +1CC to the Special Government Pleader SR.No.53144 W.P.(MD).No.6945 of 2017 and W.M.P(MD).No.5485 of 2017 18.04.2017 CM/IA AM/SKN RSK/SAR L/21.04.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/