G.Dhanapal v. the Tahsildar
Case brief
What is this about?
A writ petition challenging eviction was dismissed as the petitioner admitted a title dispute with the Government. The Court held that civil courts alone can decide title questions, barring this jurisdiction.
What did the court decide?
Dismissal of Writ Petition; Liberty to approach Competent Civil Court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.No.17331 of 2003 & W.M.P.No.21689 of 2003
G.Dhanapal ... Petitioner
Vs.
1. The Tahsildar,
Tiruppattur,
Vellore District.
2. The Executive Officer,
Arulmighu Dharmarajar Temple,
Tirupattur, Vellore District.
3. The Commissioner,
Tirupattur Municipality,
Vellore District.
4. The District Collector,
Vellore District. ... Respondents
PRAYER : Petition is filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of
Mandamus to direct the respondents 1 and 3 to restore possession
of door No.47-B, Dharmarajar Koil Street, Tirupattur Town,
Vellore District to the petitioner.
The Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents 1 and 3 to restore possession of door No.47-B, Dharmarajar Koil Street, Tirupattur Town, Vellore District to the petitioner.
Issues for consideration
1 issue framed by the court
Whether the High Court should entertain a writ petition against a deprivation of property where a dispute on title exists.
Parties & counsel
- petitioner
G.Dhanapal
- respondent
The Tahsildar, Tiruppattur
- respondent
The Executive Officer, Arulmighu Dharmarajar Temple, Tirupattur
- respondent
The Commissioner, Tirupattur Municipality
- respondent
The District Collector, Vellore District
Case details
As recorded by the court registry
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