G. Venkatasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.23374 of 2016 and W.M.P.(MD)No.16801 of 2016 G.Venkatasamy .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Tahsildar, West Taluk Office, Dindigul District.

3.The Commissioner, Chettinayakkanpatti Panchayat Union, Dindigul District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus forbearing the respondents herein from in any dispossessing the petitioner from his peaceful possession and enjoyment of the petitioner's property comprised in old survey No.309 Part New survey NO.309/3 measuring 400 sq. ft used as cattle shed situated at Chettinayakkanpatti Village Dindigul West Taluk Dindigul District without following due process of law and on the basis of his representation dated 19.11.2016.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Advocate

O R D E R

This writ petition has been filed for a Mandamus forbearing the respondents from dispossessing the petitioner from his peaceful possession and enjoyment of the property comprised in Old Survey No.309 Part, New Survey No.309/3, measuring 400 sq.ft used as cattle shed situated at Chettinayakkanpatti Village, Dindigul West Taluk, Dindigul District, without following due process of

law.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.According to the petitioner, the subject matter of property is a private patta land belonging to him, with which, the respondents cannot have any right or title and however, they are attempting to dispossess the petitioner for the purpose of putting up an Anganwadi building.

4.On the other hand, it is contended by the learned Additional Government Pleader that according to his instruction, the property belongs to the Panchayat and the petitioner cannot claim any title.

5.Needless to say that if there is a title dispute between the parties, it has to be agitated and adjudicated upon, only before the competent civil court. This Court by exercising the jurisdiction under Article 226 of the Constitution of India, cannot go into such disputed question of fact. However, the fact remains that the petitioner is in possession and enjoyment of the property. Therefore, if he has to dispossessed, assuming that the land belongs to the respondents, due procedure established by law has to be followed for effecting such dispossession. 6.On the other hand, if the petitioner claims that the land belongs to him absolutely, he has to go to civil Court and establish his right by filing a suit, where he can also seek for interim relief as against the dispossession.

7.As of now, the only relief sought for in this writ petition is that the petitioner should not be dispossessed except by due process of law. Accordingly, the writ petition is disposed of by directing the respondents not to dispossess the petitioner except by due process of law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar rj2 To 1.The District Collector, Office of the District Collector, Dindigul.

2.The Tahsildar, West Taluk Office, Dindigul District.

3.The Commissioner, Chettinayakkanpatti Panchayat Union, Dindigul District.

+1cc to Mr.J,Lawarance Advocate Sr.No. 80845 +1cc to Spl.Government Pleader Sr.No. 80884 JAM/23.12.16/MPA/3p-6c W.P(MD)No.23374 of 2016 14.12.2016