Chandran v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Chandran ... Petitioner vs.
1.The Thasildar, Natham Taluk, Natham, 2.The Surveyor, Office of the Taluk, Natham, 3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.
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4.The Inspector of Police, Natham Police Station, 5.Panchavarnam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to issue suitable orders to the 5th respondent and evict her from the encroached portion to an extent of 16 sq. meters (172.224 sq. feet) situate in New Survey Number 95/43 in Aavichipatti Village of Natham Taluk, Natham, Dindigul District with patta No.273 and hand over the possession to the petitioner by considering the representations of the petitioner dated 21.04.2025 and 27.05.2025 within the time stipulated by this Court. For Petitioner : Mr.S.Karthikeyan For RR 1 & 2 : Mr.S.P.Maharajan Special Government Pleader For RR 3 & 4 : Mr.T.Senthil Kumar Additional Public Prosecutor 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted seeking a direction to issue suitable orders to the fifth respondent to evict her from the encroached portion measuring 16 square meters (172.224 sq. feet) situated in New Survey No.95/43 in Aavichipatti Village of Natham Taluk, Natham, Dindigul District, bearing Patta No.273 and to hand over the possession to the petitioner by considering the representations of the petitioner dated 21.04.2025 and 27.05.2025.
2.A perusal of the representation submitted by the petitioner shows that he is claiming ownership in respect of the subject property. Further, the petitioner states that the encroacher must be removed and the property is to be handed over to him. Therefore, it is apparently clear that a civil dispute exits between the petitioner and other party. In such circumstances, the petitioner has to approach the competent civil court of 3/6
law for the purpose of establishing his rights based on relevant documents and evidences. Hence, a Writ Petition is not maintainable. 3.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
[S.M.S.,J.] & [A.D.M.C.,J.] 25.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Thasildar, Natham Taluk, Natham, 2.The Surveyor, Office of the Taluk, Natham, 3.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.
4.The Inspector of Police, Natham Police Station, 5/6
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 25.07.2025 6/6