Petitioner challenged a notice seeking recovery of land. Court held relief cannot be granted on mere apprehension. Directed second respondent to conduct enquiry and pass orders on merits within six weeks.
Relief sought dismissed. Directed second respondent to conduct enquiry on merits and pass orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No.28999 of 2015
and
MP.No.1 of 2015
M.Kaliyaperumal ... Petitioner
Vs.
1.The District Collector,
Cuddalore.
2.The Thasildhar,
Cuddalore.
3.Govindan ... Respondents
PRAYER : Writ petition filed under Article 226 of the
Constitution of India praying for the issuance of a writ of
certiorari to call for the records of the second respondent in
Na.Ka.No.A1-789-2015, dated 22.07.2015 and quash the same.
For Petitioner :Mr.N.Suresh
For R1 & R2 :Mr.V.Jayaprakash Narayanan
Special Government Pleader
For R3 :Mr.V.J.Arul Raj
Challenging the notice dated 22.07.2015 issued by the second respondent, the petitioner has come up with the present writ petition.
property by virtue of sale deeds dated 30.10.1994, 07.08.1995, 18.11.1998 and 02.05.2008. While so, he received a summons dated 22.07.2015, under which, the second respondent called upon him to appear for enquiry initiated at the instance of the third respondent, who had allegedly given a petition to the second respondent to recover the possession of the land in S.No.81/9D, measuring to an extent of 0.13.0 ares, out of 0.35.0 ares from the petitioner. On receipt of the same, the petitioner sent a legal notice dated 25.07.2015 to the second respondent stating that the second respondent has no jurisdiction to conduct enquiry for recovery of the land in question. Thereafter, he filed the present petition for the above stated relief.
//True Copy//
rk
To
1.The District Collector, Cuddalore.
W.P.No.28999 of 2015
rsy co kra 07.04.2016
1 issue framed by the court
Whether a writ of certiorari can be granted based purely on apprehension of future proceedings without a genuine prima facie case for recovery.
1 provisions across 1 enactments
M.Kaliyaperumal
The District Collector, Cuddalore
The Thasildhar, Cuddalore
Govindan
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
