Madras High CourtWP(MD)/24029/2023disposed of

Kavudeen v. The District Collector

2023-12-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.24029 of 2023 Kavudeen ... Petitioner v.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Illupur Taluk, Pudukkottai District.

4.The Executive Officer, Pudukkottai Devasthanam, Pudukkottai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to conduct the enquiry in connection with Survey No.295/1 to an extent of 16 acres situated at Vayalogam Village, Illuppur Taluk, Pudukkottai District on the basis of the petitioner's representation dated 09.01.2023, 13.01.2023 within a time frame to be stipulated.

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For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.C.Satheesh Additional Government Pleader for R1 to R3 Mr.G.Mathavan for R4

ORDER

Heard both sides.

2.The petitioner has come before this Court because he wants the authorities to clarify regarding the nature of the petition-mentioned land. According to him, in the petition mentioned survey number, there is a Pallivasal, Church and also a temple and government buildings. His grievance is that the fourth respondent is trying to claim exclusive title. The petitioner's representation is not quite clear. If the petitioner wants to uphold the rights of the Pallivasal, it is always open to the petitioner to move the civil court. If any civil suit is filed, it shall be numbered immediately. The petitioner is also at liberty to file an I.A and the jurisdictional civil court shall number the I.A and dispose it of on merits and in accordance with law as expeditiously as possible. Of course, I am not passing this direction on the premise that the petitioner is 2/4

entitled to file a case on behalf of the Dharga. I am not going into the competence of the petitioner to represent the Pallivasal. 3.With this liberty, this writ petition is disposed of. No costs. 19.12.2023 Index : Yes / No Internet : Yes/ No skm To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Illupur Taluk, Pudukkottai District.

4.The Executive Officer, Pudukkottai Devasthanam, Pudukkottai.

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G.R.SWAMINATHAN, J.

SKM WP(MD)No.24029 of 2023 19.12.2023 4/4