Ramamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.11338 of 2025 Ramamoorthy ... Petitioner Vs.

1.The District Collector, Office of the District Collectorate, 2.The Commissioner, Thoothukudi Corporation, 3.The Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

4.The District Revenue Officer, Thoothukudi, Thoothukudi District.

5.The Tahsildar, The Tahsildar Office, Madurai District.

1/5

6.The Sub Registrar, Thoothukudi Melur, 7.Chithraivel

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 herein not to acquire the petitioner's dwelling house in the Survey No.570/1 situated at Meelavitan Village in Thoothukudi Taluk, Thoothukudi District and thereby considering the petitioner's representation dated 17.08.2023 within the time stipulated by this Court.

For Petitioner : Mr.S.Muthumalai Raja For R1, R3 to R6 : Mr.S.P.Maharajan, Special Government Pleader For R2 : Mr.N.Ananda Kumar

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This Writ of Mandamus has been instituted to direct the respondents 1 to 5 not to acquire the petitioner's dwelling house in Survey No.570/1 situated at Meelavitan Village in Thoothukudi Taluk, Thoothukudi District and thereby, considering the petitioner's representation dated 17.08.2023. 2/5

2.The learned counsel appearing for the petitioner would contend that the 2nd respondent Thoothukudi Corporation is attempting to take over the property of the petitioner. The petitioner states that he possessed all required documents to establish his ownership.

3.If that being so, the petitioner has to approach the competent civil Court of law for establishing his ownership and title. The relief as such sought for in the present Writ Petition, which is in the nature of injunction, cannot be granted by the Writ Court, since the issues raised are of civil in nature. Therefore, granting liberty to the petitioner to approach the civil Court of law to establish his title and ownership, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (A.D.M.C., J.) 02.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/5

To 1.The District Collector, Office of the District Collectorate, 2.The Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

3.The District Revenue Officer, Thoothukudi, Thoothukudi District.

4.The Tahsildar, The Tahsildar Office, Madurai District.

5.The Sub Registrar, Thoothukudi Melur, 4/5

S.M.SUBRAMANIAM, J.

AND A.D.MARIA CLETE, J.

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