M.Parvathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN M.Parvathy ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Nilakottai Taluk, 3.The Revenue Inspector, Sempatti, ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to take action against the third respondent based on the representation of the petitioner dated 27.11.2020 within the time stipulated by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.M.Muniyasamy Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the first respondent to take action against the third respondent based on the representation of the petitioner dated 27.11.2020 within the time stipulated by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr.M.Muniyasamy, learned Additional Government Pleader accepts notice on behalf of the respondents.

4. According to the petitioner, the petitioner's husband purchased a house site situated in Survey No.58/12 of 1/3

Pachamalaiyankottai Village, Nilakottai Taluk, Dindigul District through a registered sale deed from one James George. Thereafter, he executed a gift deed in respect of the above said property in favour of the petitioner and her son and the same was registered at Aathoor Sub Registration Office, Dindigul District. In the meantime, on 23.11.2020 and 26.11.2020, the third respondent threatened the petitioner that he would remove the portion of the above said property as an encroachment. Hence, the petitioner sent a representation on 27.11.2020 to the first respondent to take action in this regard. However, the same has not been considered so far. In such circumstances, the petitioner has approached this Court.

5. Considering the facts and circumstances of the case, the remedy does not lie before this Court and since the petitioner has got to approach the Civil Court for necessary relief, the writ petition is not maintainable. However, if the petitioner has got any fear or threat from any party, it is open to him to make necessary complaint before the police, who will take appropriate action, in accordance with law.

6. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Nilakottai Taluk, 2/3

3.The Revenue Inspector, Sempatti, +1cc to Government Pleader, Sr.No.26597, 26831 18.12.2020 NR (19/01/2020) 3P : 5C 3/3