Petitioner sought a writ of Mandamus to stop eviction from land claimed to be inherited. Court held no roving enquiry on disputed facts. Petitioner must prove title in appropriate forum. Writ dismissed.
Writ of Mandamus seeking direction not to evict the petitioner from the suit land was dismissed.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 30.11.2018 DELIVERED ON : 06.12.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI
W.P(MD)No.21637 of 2018 and W.M.P(MD)No.19542 of 2018
M.Natchal ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Office of the District Collectorate, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Tahsildar, Tirupuvanam, Sivagangai District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus to direct the respondents not to evict the petitioner from the petitioner's land comprised in Natham Survey Nos.373/8 and 373/12 situated at Poovanthi Village, Tirupuvanam Taluk, Sivagangai District.
For Petitioner : Mr.V.Angusamy For Respondents : Mr.M.Jeyakumar Additional Government Pleader for R.1 to R.4 * * * * * ORDER
R.SUBBIAH,J.
This writ petition has been filed seeking a writ of Mandamus to https://hcservices.ecourts.gov.in/hcservices/ direct the respondents not to evict the petitioner from the petitioner's land comprised in Natham Survey Nos.373/8 and 373/12
2
situated at Poovanthi Village, Tirupuvanam Taluk, Sivagangai District.
3
https://hcservices.ecourts.gov.in/hcservices/ 10. It is the main grievance of the petitioner that the petitioner and her elder daughter – Palaniammal were in possession
4
and enjoyment of the total extent of 14.05 cents of land in Natham Survey No.373/8 and the fourth respondent trespassed into the property of the petitioner on the ground that they proposed to construct a Panchayat Office building in the said land and in such view of the matter, she filed O.S.No.44 of 2018 on the file of the Sub Court, Sivagangai, seeking declaration and permanent injunction against the respondents 1 and 4 and the said civil suit is pending. During the pendency of the civil suit, the fourth respondent again trespassed into the property of the petitioner and removed the cattle shed, four coconut trees and fencing in and around her property and hence, she filed the present writ petition.
Sd/
Assistant Registrar(CO)
/True copy/
Sub Assistant Registrar(CS-I)
5 To 1.The District Collector, Sivagangai District, Sivagangai. 2.The District Revenue Officer, Office of the District Collectorate, Sivagangai, Sivagangai District. 3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District. 4.The Tahsildar, Tirupuvanam, Sivagangai District. +1cc to Mr.V.Angusamy, Advocate, SR.No.99202 +1cc to M/s.Special Government Pleader,SR.No. 99264 W.P(MD)No.21637 of 2018 and W.M.P(MD)No.19542 of 2018 06.12.2018 RSB KK/RSK/SAR-1/12.12.2018/5P-7C
1 issue framed by the court
Whether a writ court can be approached by a petitioner who lacks a registered title deed and is contesting a claim of encroachment on government land while a civil suit is pending.
M.Natchal
The District Collector, Sivagangai District
The District Revenue Officer, Sivagangai
The Revenue Divisional Officer, Sivagangai
The Tahsildar, Tirupuvanam
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
