Madras High CourtWP(MD)/28748/2024dismissed

Nagarajan v. The District Collector

2024-12-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.24360 of 2024 Nagarajan

...Petitioner

-Vs1.The District Collector, Collectorate, Trichy-1.

2.The Revenue Divisional Officer, O/o.RDO, Musiri, Trichy District.

3.The Tahsildar,(Revenue) Taluk Office, Trichy Salem Main Road, Musiri, Trichy District.

4.The Tahsildar(Revenue), Taluk Office, Thottiyam, Trichy District.

5.The District Registrar, District Registrar Office, Beema Nagar, Trichirappalli - 625 001.

6.The Sub Registrar, Sub Registrar Office, Musiri Post and Taluk, Trichirappalli District.

7.Padmavathi

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st to 6th respondent not to recognize the 7th respondent Padmavathi as temporary trustee (illegally fraudulently self declared) until the competent civil court, appoint the trustees for the Meenakshiammal Annathana Chatram Trust as per the judgment and degree passed in AS.No.70 of 2004 (I Additional District Judge (PCR) Trichirappalli) For Petitioner : Mr.R.Lakshmanan For Respondents : Mr.D.Sadiq Raja Additional Government Pleader for RR1 to 6

ORDER

This writ petition has been filed for a direction, directing the respondents 1 to 6 not to recognise the 7th respondent as temporary trustee till the competent civil Court appoint the trustees for the Meenakshiammal Annathana Chatram Trust as per the judgment and decree passed in A.S.No.70 of 2004 on the file of the I Additional District Judge(PCR), Trichirappalli. 2.It is seen that there is a dispute between the petitioner and the seventh respondent in respect of their trusteeship of Meenakshiammal Annathana

Chatram Trust. The apprehension of the petitioner is that, now the seventh respondent is attempting to alienate the revenue records in her favour in respect of the property owned by the Trust. Therefore, the entire dispute is civil in nature between the petitioner and the seventh respondent. 3.Therefore, the prayer sought for in this writ petition cannot be considered and the writ petition itself is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. However, the petitioner is at liberty to approach the civil Court for appropriate relief. 02.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The District Collector, Collectorate, Trichy-1.