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Madras High CourtWP(MD)/31364/2023closed

Ravichandran. A v. The Tahsildar

2024-01-19Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.(MD).Nos.26923 and 26924 of 2023 W.P.(MD).No.31364 of 2023 A.Ravichandran ... Petitioner vs.

3.The President, Kallanai Village, 4.K.G.Pandiyan ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from entering into the petitioner's premises in S.No.133/5A, 133/6A, 133/7 and 100/1B, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B and 193/4A in Kallanai Village, Alanganallur under the guise of measuring the premises and take illegal possession of the property.

For Petitioner : Mr.P.Murugesan For R1 and R2 : Mr.P.Thambidurai Government Advocate W.P.(MD).No.31365 of 2023 A.Kannan ... Petitioner vs.

3.The President, Kallanai Village, 4.K.G.Pandiyan ... Respondents 2/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from entering into the petitioner's premises in S.No.133/5A, 133/6A, 133/7 and 100/1B, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B and 193/4A in Kallanai Village, Alanganallur under the guise of measuring the premises and take illegal possession of the property.

For Petitioner : Mr.P.Murugesan For R1 and R2 : Mr.P.Thambidurai Government Advocate C O M M O N O R D E R These writ petitions have been filed for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from entering into the petitioners' premises in S.No.133/5A, 133/6A, 133/7 and 100/1B, 41/10A, 136/1B, 41/10A1, 41/10B, 35/20B, 136/1A, 160/1, 193/4B and 193/4A in Kallanai Village, Alanganallur under the guise of measuring the premises and take illegal possession of the property. 3/6

2. When these matters are taken up for hearing today, it is submitted by the learned Government Advocate that already the first respondent Tahsildar, Vadipatti Taluk has called for an enquiry on 03.01.2024 at 9.30 a.m. Since no notice has been served on the parties, the parties are not aware about the said enquiry being conducted.

3. In view of the above, this Court directs the parties viz., the petitioners and the fourth respondent to appear before the Tahsildar, Vadipatti Taluk, Madurai District, Madurai on 01.02.2024 around 10.30 a.m. and produce all the necessary documents to enable the Tahsildar to pass appropriate orders on the claim made. It is made clear that in case if the parties have no other alternative remedy, they have to approach the competent civil Court for deciding any dispute regarding title.

4. In the result, these Writ Petitions are closed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 19.01.2024 akv 4/6

To 5/6

V.BHAVANI SUBBAROYAN ,J.

akv W.P.(MD).No.31364 and 31365 of 2023 19.01.2024 6/6