K.Singaravelu vs The District Collector
2023 Latest Caselaw 3629 Mad

                                                                                W.P.No.3376 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 31.03.2023

                                                           CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                   W.P.No.3376 of 2020

                     K.Singaravelu                                        ... Petitioner

                                                             Vs.

                     1.The District Collector,
                       District Collectorate Office,
                       Salem,
                       Salem District.

                     2.Vikaramahithan
                     3.Sargunam
                     4.Anandarasu

                     5.The Inspector of Police,
                       Theevattipatti Police Station,
                       Salem District.

                     (R5 impleaded as per order dated
                     24.02.2020 made in WMP.4991/2020
                     in WP.3376/2020 by CVKJ)                             ... Respondents


                     Prayer:

                                  Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Mandamus directing the first respondent to consider the

                     petitioner's representation dated 04.03.2019, in the light of the

                     judgment of this Hon'ble Court in “K.Gopal Vs.The State of Tamil Nadu,


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               W.P.No.3376 of 2020




                     rep. by Chief Secretary, Fort St.George, Chennai and others” reported

                     in 2005 (4) CTC 241 (Mad) within the time fixed as stipulated by this

                     Hon'ble Court.



                                       For Petitioner    : Mr.P.S.Kothandaraman

                                       For Respondents : Mr.U.Baranidharan for R1 and R5
                                                         Additional Government Pleader
                                                         Mr.M.Elango for R2 to R4


                                                         ORDER

The petitioner has filed this writ petition seeking issuance of

Writ of Mandamus directing the first respondent to consider the

petitioner's representation dated 04.03.2019, in the light of the

judgment of this Court in “K.Gopal Vs.The State of Tamil Nadu, rep. by

Chief Secretary, Fort St.George, Chennai and others” reported in 2005

(4) CTC 241 (Mad) within the time stipulated by this Court.

2.The learned counsel appearing for the petitioner submitted

that respondents 2 to 4 are interfering with the petitioner's possession

and enjoyment of the property. Hence, the petitioner made

representation to the first respondent, however, the same has not yet

been considered.

https://www.mhc.tn.gov.in/judis W.P.No.3376 of 2020

3.The issue involved in the present writ petition is disputed

question of fact, which cannot be decided in the writ petition under

Article 226 of the Constitution of India and it can be ventilated only

before the competent civil Court.

4.In view of the above, this writ petition stands disposed of with

liberty the petitioner to approach the competent civil Court as against

the respondents 2 to 4 for their illegal acts. No costs.

31.03.2023 pri

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The District Collector, District Collectorate Office, Salem, Salem District.

2.The Inspector of Police, Theevattipatti Police Station, Salem District.

https://www.mhc.tn.gov.in/judis W.P.No.3376 of 2020

M.DHANDAPANI,J.

pri

W.P.No.3376 of 2020

31.03.2023

https://www.mhc.tn.gov.in/judis