Madras High Court
M. Rajendran vs The District Collector on 26 October, 2021
1 W.P.No.17605
of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.17605 of 2021
M. Rajendran ... Petitioner
-Vs-
1. The District Collector.
Tiruppur.
2. The Tahsildar,
Madathukulam,
Tiruppur District.
3.The Village Administrative Officer,
Myvadi Village, Madathukulam,
Tiruppur District. ... Respondents
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for the issue a Writ of Mandamus, directing the respondents
not to interfere with the petitioner's peaceful possession and enjoyment with
respect to the subject matter property comprised in SF No.397/2,
Karuppusamy Pudhur, Myvadi Village, Madathukulam Taluk, Tiruppur
District by considering the petitioner's representation dated 28.07.2021 and
pass appropriate orders accordingly.
https://www.mhc.tn.gov.in/judis
2 W.P.No.17605
of 2021
For Petitioner :: Mr. D.R. Arun Kumar
For Respondents :: Mr. Yogesh Kannadasan
(Government Advocate)
*****
ORDER
The relief sought for in this writ petition is for a direction to the
respondents not to interfere with the petitioner's peaceful possession and
enjoyment with respect to the subject matter property comprised in SF
No.397/2, Karuppusamy Pudhur, Myvadi Village, Madathukulam Taluk,
Tiruppur District by considering the petitioner's representation dated
28.07.2021 and pass appropriate orders accordingly.
2. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents as well as perused the material
available on records.
3. Having considered the facts and circumstances of the case and
submissions made by the learned counsel on either side, it is seen that the
petitioner's father along with his brothers has filed O.S.No.64 of 1961 on the
file of the District Munsif Court, Udumalpet against the District Collector,
Coimbatore for the relief of declaration of title and consequential permanent
https://www.mhc.tn.gov.in/judis
of 2021
injunction with regard to the aforesaid property. The said suit was decreed
in their favour on 26.11.1963. Aggrieved, the District Collector Coimbatore
has preferred an Appeal in A.S. No.33 of 1965 on the file the Sub-Court,
Udumulpet and the said appeal came to be dismissed on 04.01.1967 and
hence, the matter has attained finality since the respondent has not filed
second appeal against the Judgment of the First Appellate Court. Under
such circumstances, the 2nd respondent without any show cause notice, has
approached petitioner and directed to hand over the part of the property in
S.F. No.397/2 by stating as the Government land. Hence, the petitioner has
filed a representation dated 28.07.2021 before the 1st respondent seeking
his relief. In the absence of any other records to show whether the second
appeal has been filed against the Judgment of the First Appellate Court, the
submission of the learned Government Advocate appearing for the
respondents cannot be accepted. Hence, this Court without expressing any
opinion with regard to the merits of the case, directs the
authorities/respondents herein to consider the representation dated
28.07.2021 made by the petitioner herein and pass appropriate orders on it
within a period of fifteen weeks from the date of receipt of copy of this order
in accordance with law after affording sufficient opportunity to the petitioner
herein.
https://www.mhc.tn.gov.in/judis
of 2021
V.BHAVANI SUBBAROYAN.,J
Lbm
4. With the aforesaid directions, the Writ Petition is disposed of
accordingly. Consequently, connected miscellaneous petition is closed if
any. There shall be no order as to costs.
26.10.2021
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
To:
1. The District Collector.
Tiruppur.
2. The Tahsildar,
Madathukulam,
Tiruppur District.
3.The Village Administrative Officer,
Myvadi Village, Madathukulam,
Tiruppur District.
W.P. No.17605 of 2021
https://www.mhc.tn.gov.in/judis
