Bibin Jebasingh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD) No.22848 of 2024 Bibin Jebasingh ... Petitioner -vs1.The District Collector Office of the District Collector Nagercoil Kanyakumari District Pin-629 001 2.The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District Pin-629 163 3.The President Kaliyakkavilai Town Panchayat Pananthalumodu Kanyakumari District Pin-729 163

4.The Executive Officer Kaliyakkavilai Town Panchayat Pananthalumodu Post Kanyakumari District Pin-629 163 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to forebear the respondents 3 and 4 from putting up any overhead tank or meddling with the petitioner's property comprised in item No.4, namely, all piece of vacant land measuring an extent of 1 Are equivalent to 2.470, namely, 2 Cents and 470 Sq.links of vacant land at the above said village, within R.S.No.33/8b within the Sub Registration District of Joint No.2, Sub Registrar, Marthandam, Vilavancode Village, Vanniya Desam, Marthandam Registration District, Kanyakumari District, in any manner either by themselves, their workmen, agents, representatives and assigns etc.

For Petitioner :

Mr.D.Ashokkumar For Respondents :

Mr.S.Shanmugavel Additional Government Pleader for R1 & R3 Ms.M.Aasha Government Advocate (Criminal Side) for R2 Mr.M.Senthil Ayyanar Government Advocate for R4

O R D E R

Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for the respondents 1 & 3; Ms.M.Aasha, learned Government Advocate (Criminal Side), takes notice for the second respondent and Mr.M.Senthil Ayyanar, learned Government Advocate, takes notice for the fourth respondent.

2. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. This writ petition has been filed for a direction to the respondents 1 and 2 to forebear the respondents 3 and 4 from putting up any overhead tank or meddling with the petitioner's property comprised in Item No.4, namely, all piece of vacant land measuring an extent of 1 Are equivalent to 2.470, namely, 2 Cents and 470 Sq.links of vacant land at the above said village, within R.S.No.33/8b within the Sub Registration District of Joint No.2, Sub Registrar, Marthandam, Vilavancode Village, Vanniya Desam, Marthandam Registration District, Kanyakumari District, in any manner either by themselves, their workmen, agents, representatives and assigns etc.

4. Without expressing any opinion on the merits of the matter, the first respondent is directed to conduct an enquiry based on the petitioner's representation dated Nil.07.2024 and after issuing due notice to the respondents 3 and 4 and other counter parts, if any, and after affording an opportunity of personal hearing to them, dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. In the meantime, the respondents 3 and 4 are directed not to disturb the peaceful possession and enjoyment of the petitioner over the subject property.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of the District Collector, Nagercoil, Kanyakumari District, Pin-629 001.

2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District, Pin-629 163.

3.The President, Kaliyakkavilai Town Panchayat, Pananthalumodu, Kanyakumari District, Pin-729 163.

4.The Executive Officer, Kaliyakkavilai Town Panchayat, Pananthalumodu Post, Kanyakumari District, Pin-629 163.

G.K.ILANTHIRAIYAN , J.

krk and W.M.P.(MD) No.22848 of 2024 12.11.2024