Writ petition filed under Article 226 seeking stay on interference with land possession pending assignment application. Court held writ jurisdiction not appropriate for title adjudication or injunctions against lawful revenue actions.
Writ petition disposed of; no costs; connected miscellaneous petition closed.
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 :17.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.7020 of 2016
and
W.M.P.No.6228 of 2016
A.Mylathal
...Petitioner
Vs
1.The State of Tamilnadu, Rep.by the Secretary, The Social Welfare Department, Chennai.2.The District Collector, Coimbatore District, Coimbatore.3.The Chief Engineer, The Public Works Department, Town Hall, Coimbatore – 1.4.The Revenue Divisional Officer, Coimbatore, Coimbatore District.5.The Tahsildar, Coimbatore South, Coimbatore.6.The Executive Engineer,
The Public Works Department,
Building & Maintenance Division,
Town Hall, Coimbatore- 1.
7.The Assistant Engineer, Taluk Section, The Public Works Department,
Town Hall, Coimbatore – 1.
8.The Head Master,
Government High School,
Marappallam, Madhukarai,
Coimbatore – 105.... Respondents
PRAYER : Writ Petition filed Under Article226 of the
Constitution of India to issue of Writ of Mandamus, forbearing
the Respondents, their agents, subordinates, officers and men
from in any manner interfering with peaceful possession and
enjoyment of the petitioners lands in S.F.No.786, Madhukarai
Village, Coimbatore South, Coimbatore Taluk to an extent of 0.43
hectares.
For Petitioner: Mr.S.Kasirajan
ForRespondents: Mr.V.Nanmaran
Government Advocate
O R D E R
The relief sought for in the present writ petition is to
forbear the Respondents, their agents, subordinates, officers and
men from in any manner interfering with peaceful possession and
enjoyment of the petitioners lands in S.F.No.786, Madhukarai
Village, Coimbatore South, Coimbatore Taluk to an extent of 0.43
hectares.
2. The petitioner claims that she has been in possession
and enjoyment of the land described in the prayer. She submitted
an application for assignment of the said land. The District
Revenue Officer has referred the application to the Tahsildar to
take appropriate action. Perusal of the affidavit filed by the
petitioner would reveal that she is in possession and enjoyment
of the land described in the prayer. She made an application
seeking assignment. Assignment of land can never be claimed as a
matter of right. If the petitioner claims any title, then also
she has to approach the competent Civil Court of law for
adjudication of ownership or title. In either of the case, this
Court cannot conduct an elaborate enquiry with reference to the
title or disputed facts as raised in the writ petition. Such an
adjudication is to be done by the competent Civil Court or by the
competent revenue authorities with reference to the documents and
evidences made available. High Court in a writ proceedings cannot
issue any such declaration or injunction as such sought for to
prevent the authorities from initiating action in accordance with
law.
3. This being the principles to be followed, the
petitioner has not established any right, so as to consider the
relief as such sought for in the present writ petition. If at
all, the petitioner is aggrieved, she is at liberty to approach
the competent Court of law or the authority competent for the
purpose of redressal of her grievances.
4. With these observations, the writ petition stands
disposed of. No costs. Consequently, connected miscellaneous
petition is closed.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
kak
To
1.The Secretary,
The State of Tamilnadu,
The Social Welfare Department,
Chennai.
2.The District Collector,
Coimbatore District,
Coimbatore.
3.The Chief Engineer,
The Public Works Department,
Town Hall, Coimbatore – 1.
4.The Revenue Divisional Officer,Coimbatore, Coimbatore District.5.The Tahsildar,
Coimbatore South,
Coimbatore.
6.The Executive Engineer,
The Public Works Department,
Building & Maintenance Division,
Town Hall, Coimbatore- 1.
7.The Assistant Engineer,
Taluk Section,
The Public Works Department,
Town Hall, Coimbatore – 1.
8.The Head Master,
Government High School,
Marappallam, Madhukarai, Coimbatore – 105.
+1cc to M/s.K.Ramesh, Advocate, S.R.No.47822
+1cc to the Government Pleader, S.R.No.47833
W.P.No.7020 of 2016
PMK(CO)
SB(05/10/2021)
3 issues framed by the court
Whether the High Court can entertain a writ petition to restrain revenue authorities from acting on a land assignment application without conducting a title adjudication?
Whether assignment of land can be claimed as a matter of right?
Whether the Court can issue an injunction to prevent authorities from initiating action in accordance with law regarding disputed titles?
1 provisions across 1 enactments
A.Mylathal
The State of Tamilnadu, Rep.by the Secretary, The Social Welfare Department, Chennai
The District Collector, Coimbatore District, Coimbatore
The Chief Engineer, The Public Works Department, Town Hall, Coimbatore
The Revenue Divisional Officer, Coimbatore
The Tahsildar, Coimbatore South
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court