T.Prema v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.21955 of 2024 T.Prema .. Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli-620 001.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli-620 001.

3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

4.The Tahsildar, Mannachanallur Taluk Office, Mannachanallur, Tiruchirappalli District.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records pertaining to the impugned enquiry notice in Na.Ka.Aa5/2813/2024, dated 30.09.2024 issued by the 4th respondent in respect of petitioner private property in Survey No.159/26 measuring to an extent of 00295 Sq. Meter (Grama Natham Land), situated at Mela Nadu Street, Manachanallur Village and Taluk, Tiruchirapalli District and quash the same as illegal.

For Petitioner :

Mr.C.Abul Kalam Azad For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed to quash the enquiry notice in Na.Ka.Aa5/2813/2024, dated 30.09.2024 issued by the 4th respondent in respect of petitioner's private property in Survey No.159/26 measuring to an extent of 00295 Sq. Meter (Grama Natham Land), situated at Mela Nadu Street, Manachanallur Village and Taluk, Tiruchirapalli District.

2. The temple in question is stated to be the private Temple of the petitioner and her brother and situate in their premises that the property

belongs to them is evident from the kist receipt, property tax receipt which shows that the premises is situate in Door No.4/15, ST-8, Mela Nadu Street. The public are attempting to claim a right to the property. They have to approach the Civil Court to have their right declared. Once the right is declared, thereafter, they can approach the revenue authorities.

3. Hence, the enquiry notice, dated 30.09.2024 is quashed. The respondents shall desist from conducting any kind of enquiry till the disposal of the civil suit to be filed by the public in general.

4. Accordingly, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli-620 001.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli-620 001.

3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

4.The Tahsildar, Mannachanallur Taluk Office, Mannachanallur, Tiruchirappalli District.

P.T.ASHA, J.

gbg 29.10.2024