Rajesh v. The District Collector /Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.(MD)No.23075 of 2024 Rajesh

...Petitioner

/Vs./ 1.The District Collector/Monitoring Commissioner, Virudhungar District, Virudhunagar.

2.The Commissioner, Sivakasi Municipal Corporation, 3.The Tahsildar, Sivakasi Taluk, 4.The Sub Collector, Sivakasi, Virudhunagar District.

5.K.Uththandaraman ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 4 to remove the wrong entry made by the second respondent in the revenue records in the petitioner's property situated Virudhunagar District, Sivakasi Town Survey, Ward-C, Block 6, Old T.S.No.46, Old Survey No.664, TD No. 532 and consider the petitioner's representation dated 23.01.2024. 1/5

For Petitioner : Mr.K.Muraleedharan For R1, R3 & R4 : Mr.A.Kannan Additional Government Pleader For R2 : Ms.S.Devasena For R5 : Mr.M.Subash Muthulingam for Mr.R.Rajamohan

ORDER

The petition is filed for a mandamus directing respondents 1 to 4 to remove the wrong entry made by the second respondent in the revenue records with respect to the petitioner's property situate at Virudhunagar District, Sivakasi Town Survey, Ward-C, Block 6, Old T.S.No.46, Old Survey No.664, TD No.532, by considering the petitioner's representation dated 23.01.2024.

2.Mr.A.Kannan, learned Additional Government Pleader, takes notice for the respondents 1, 3 and 4, Ms.S.Devasena, learned counsel for the second respondent and Mr.M.Subbiah Muthulingam, learned counsel for the fifth respondent.

3.By consent of all parties, this writ petition is taken up for final disposal at the admission stage itself.

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4.It is seen that the petitioner has also approached the civil Court in O.S.No.110 of 2024 for declaration of his title with regard to the subject property and for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the property.

5.In the light of the fact that the petitioner has approached the civil Court, this writ petition cannot be entertained and the petitioner is directed to work out his remedy before the civil Court in the pending suit.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.12.2024 Index : Yes / No NCC : Yes / No ta To 1.The District Collector/Monitoring Commissioner, Virudhungar District, Virudhunagar.

2.The Commissioner, Sivakasi Municipal Corporation, 3/5

3.The Tahsildar, Sivakasi Taluk, 4.The Sub Collector, Sivakasi, Virudhunagar District.

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N.MALA, J.

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