G.R.D.Trust, Kalaikadhir v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.5166,5167 and 7399 of 2016 GRD Trust Kalaikadhir Buildings, 963- Avinashi Road, Coimbatore - 641 037, represented by its Managing Trustee, D.Padmanaban ... Petitioner Vs 1.The District Collector, Kokkirakulam, Tirunelveli - 9, Tirunelveli District.
2.The District Revenue Officer, Revenue Divisional Office, Kokkirakulam Tirunelveli -9, Tirunelveli District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Tirunelveli -9, Tirunelveli District.
4.The Tahsildar, Tenkasi.
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5.The Tahsildar, Kadaiyanallur.
6.Ramachandran 7.Narayanaiyer 8.Vaithiyanathan 9.Gomathiyammal 10.Pushpa 11.Lalitha 12.Ravichandran ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner's property situated in S.No.977/1B1B and S.No.977/1B1A measuring 50 cents and in 977/1A measuring 2.60 acres both situate in Thirumalaikolundhupuram, Kambaneri Pudukkudi Village, Tenkasi Taluk, Kadaiyanallur Sub-Registration District, Tenkasi Registration District.
For petitioner : Mr.I.Akbar MD Abdullah For Respondent : Mr.PT.Thiraviam, Nos.1 to 5 Government Advcoate For Respondent : Mr.D.Selvanayagam Nos.6 to 12 2/5
ORDER
This writ petition has been filed for a writ of mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the property in dispute.
2.When the writ petition has been taken up for hearing the learned Government Advocate submits that there is a civil dispute between the petitioner and the private respondents.
3.It appears that with an apprehension that the revenue officials would grant patta to the private respondents, the petitioner has filed this writ petition. This Court is not inclined to entertain this writ petition on the grounds raised by the petitioner. Even if patta is granted to the private respondents, the petitioner can work out his remedy under the Patta Pass Book Act and before the competent civil Court.
4.Accordingly this writ petition is dismissed. 3/5
No costs. Consequently connected miscellaneous petitions are also dismissed.
20.06.2023 dsk To 1.The District Collector, Kokkirakulam, Tirunelveli - 9, Tirunelveli District.
2.The District Revenue Officer, Revenue Divisional Office, Kokkirakulam Tirunelveli -9, Tirunelveli District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Tirunelveli -9, Tirunelveli District.
4.The Tahsildar, Tenkasi.
5.The Tahsildar, Kadaiyanallur.
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B.PUGALENDHI, J.
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