Madras High CourtWP(MD)/8390/2017dismissed

A.Alagarsamy, S/O.Alagarsamy v. The District Collector

2017-04-28Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.8390 of 2017 and W.M.P(MD)No.6390 of 2017 A.Alagarsamy ..Petitioner Vs 1.The District Collector, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai.

4.The Tahsildar, Thirumangalam Taluk, Madurai.

5.R.Narayanasamy Naidu ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the second respondent in Na.Ka.No.G2/39397/14, dated 30.3.2017 and to quash the same as arbitrary and illegal.

For Petitioner :M/s.B.Sekar For Respondents :Mr.M.Alagathevan 1 to 4 Special.Govt.Pleader

ORDER

The petitioner has approached this Court seeking for issuance of a Writ of Certiorari calling for the records of the second respondent in Na.Ka.No.G2/39397, dated 30.3.2017 and to quash the same as arbitrary and illegal.

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2.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents 1 to 4.

3.According to the proceedings of the second respondent, the issue involved in this case is a dispute regarding the settlement of title as between the rival parties. Therefore the Petitioner is directed to approach the Civil Court. But the Petitioner without approaching the competent Civil Court, has approached this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Since the issue involved in this matter is one of disputed question of facts and therefore the Writ Petition is not maintainable before this Court. 4.In view of the same, the Writ Petition stands dismissed. However, it is open to the Petitioner to approach the competent Civil Court for redressing his grievances as per the order passed by the second respondent. Consequently, connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai.

2.The District Revenue Officer, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai.

4.The Tahsildar, Thirumangalam Taluk, Madurai.

+One cc to The Special Government Pleader, SR.No.55512 vsn RL/6C/2P/MR/SAR3/12.5.2017 W.P(MD)No.8390 of 2017 and W.M.P(MD)No.6390 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/