Devi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.17739 of 2024 1.Devi 2.Ananthi 3.Arunprakash 4.Anburaj 5.Ranjitha 6.Minor B.Nagul Krishna .. Petitioners (P6 - Represented through his mother and natural guardian 5th petitioner Ranjitha) Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer/ Sub Collector, Kumbakonam, 4.The Tahsildar, Papanasam Taluk, Papanasam, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from interfering with the petitioners' possession and enjoyment of the properties covered under the Natham Patta issued on 03.11.1996 and subsequent orders specifically in respect of S.Nos.257/2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 17, 18 and 19 situated at Kavalur Village, Papanasam Taluk, Thanjavur District and initiating any proceedings enquiries or actions aimed at cancelling or modifying the Natham Patta issued in favour of the petitioners without following due process of law and also conducting any form of survey measurement of physical inspection of the said properties without proper legal authorization and due notice to the petitioners.

For Petitioner :

Mr.D.Rajagopal For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

On the basis of a mere apprehension, the jurisdiction of this Court under Article 226 of the Constitution of India has been invoked, that too, after the petitioners have issued a notice under Section 80 of the Civil Procedure Code.

2. From the narration in the affidavit, it appears that the petitioners have on earlier occasions successfully thwarted the attempts made by the President of the Kavalur Panchayat to interfere with their possession and enjoyment of the properties comprised in S.Nos.257/2, 3, 4, 5, 6, 11, 13, 14, 15, 16, 17, 18 and 19 situated at Kavalur Village, Papanasam Taluk,

3. The petitioners now seek to have a mandamus forbearing the respondents from interfering with their possession of the aforesaid properties covered under the Natham patta issued on 03.11.1996. Such relief cannot be granted, that too, on the basis of apprehension. Therefore, this Writ petition is dismissed. However, that does not

preclude the petitioners from getting necessary relief from the appropriate forum. No costs. Consequently, connected miscellaneous petition is closed.

03.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Revenue Divisional Officer/ Sub Collector, Kumbakonam, 4.The Tahsildar, Papanasam Taluk, Papanasam,

P.T.ASHA, J.

abr Dated: 03.09.2024 (2/2)