Petitioners sought writ to remove unauthorized construction by private respondents arising from a cancelled fraudulent sale deed. The Court held that this is a private dispute requiring civil proceedings, not a writ petition. The petition was dismissed.
The petition was dismissed with liberty to approach Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.2688 of 2017
1.Edwin Rajesh
2.Catherine Matilda ... Petitioners
Vs.
1. The Collector of Krishnagiri
Krishnagiri.
2. The Revenue Divisional Officer
Hosur, Krishnagiri District.
3. The Tahsildar
Hosur, Krishnagiri District.
4. The Municipal Commissioner
Hosur, Krishnagiri District.
5. The Executive Engineer
Tamil Nadu Electricity Board
Hosur, Krishnagiri District.
6. B.K.Prabakar
Maruthi Green Builders
Chennathur, Hosur Taluk
Krishnagiri District.
For Petitioners : Mr.R.Narayanan for M/s.M.V.Krishnan For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for respondents 1 to 5
For Respondents
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The dispute pertains to the property of the petitioners
which, according to the petitioners, has been trespassed by
private respondents 6 and 7. It is the case of the petitioners
that they obtained a fraudulent sale deed, which has since been
cancelled.
2. In all this, there is no role of the Government. We are
of the view that in this private dispute between two parties,
the remedy is really only in civil proceedings and not through
this writ petition.
The petition is dismissed with the aforesaid liberty. No
costs. Consequently, W.M.P.No.2636 of 2017 is closed.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
sasi
To:
1. The Collector of Krishnagiri
Krishnagiri.
2. The Revenue Divisional Officer
Hosur, Krishnagiri District.
3. The Tahsildar
Hosur, Krishnagiri District.
4. The Municipal Commissioner
Hosur, Krishnagiri District.
+1cc to Mr.M.v.Krishnan, Advocate, S.R.No.7001 +1cc to the Government Pleader, S.R.No.7113
W.P.No.2688 of 2017
KJ(CO) CA(13/02/2017)
2 issues framed by the court
Whether a writ of mandamus lies to remove unauthorized construction in a private dispute arising from a cancelled fraudulent sale deed.
Whether the Government authorities have a role in a private dispute between two parties regarding property title and trespass.
Edwin Rajesh
Catherine Matilda
The Collector of Krishnagiri
The Revenue Divisional Officer Hosur
The Tahsildar Hosur
The Municipal Commissioner Hosur
SANJAY KISHAN KAUL
M. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
