A common order dismissing two writ petitions seeking a mandate to refrain respondents from interfering with the petitioners' property possession. The court held that such issues are for the civil court to determine and cannot be examined in this writ petition via affidavits.
The Writ Petitions are dismissed. There shall be no order as to costs.
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.
W.P.(MD).Nos.7541 and 7542 of 2007
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).Nos.7541 and 7542 of 2007
W.P.(MD).No.7541 of 2007
1.Ramisa Begum
2.Majitha Begam
5.Sabiya
6.Mumtaj
7.Babu Misirikhan
8.Fathima Begum
9.Kamaludeen
... Petitioners
(Petitioners herein are represented through their Power of Attorney C.A.Abdul Lateef)
Vs.
1.The District Collector, Tirunelveli District.
2.The Revenue Divisional Officer, Cheranmadevi, Tirunelveli.
3.Mohammed Noorkhan Pani
4.Mohammed Jaferkhan Pani ... Respondents
(R-3 and R-4 are impleaded vide Court order dated 25.11.2021 in W.M.P(MD).Nos.4964 and 4965 of 2017 in W.P(MD).Nos.7541 and 7542 of 2007)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents herein, their men, agents, servants or any one acting under the respondents from in any manner interfering with the peaceful possession and enjoyment of the petitioner's properties https://hcservices.ecourts.gov.in/hcservices/ more fully described in the schedule annexed herewith or any way
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W.P.(MD).Nos.7541 and 7542 of 2007
assigning the same to any third parties except without following the due process of law.
For Petitioners : Mr.F.Deepak For R-1 and R-2 : Mr.S.Kameswaran Government Advocate W.P.(MD).No.7542 of 2007
1.Ramisa Begum 2.Majitha Begam 3.Raseeda Begam 4.Sabura Begum 5.Sabiya 6.Mumtaj 7.Babu Misirikhan 8.Fathima Begum 9.Kamaludeen ... Petitioners (Petitioners herein are represented through their Power of Attorney K.M.Nasurudeen) Vs.
1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Cheranmadevi, Tirunelveli. 3.Mohammed Noorkhan Pani 4.Mohammed Jaferkhan Pani ... Respondents
(R-3 and R-4 are impleaded vide Court order dated 25.11.2021 in W.M.P(MD).Nos.4964 and 4965 of 2017 in W.P(MD).Nos.7541 and 7542 of 2007)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents herein, their men, agents, servants or any one acting under the respondents from in any manner interfering with the https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).Nos.7541 and 7542 of 2007
peaceful possession and enjoyment of the petitioner's properties more fully described in the schedule annexed herewith or any way assigning the same to any third parties except without following the due process of law.
COMMON ORDER
The Writ Petitions had been filed in the year 2007. The relief sought in the Writ Petitions, are that the respondents namely the District Collector of Tirunelveli District and the Revenue Divisional Officer of Cheranmahadevi, Tirunelveli District should not interfere with the peaceful possession and enjoyment of the petitioners' properties.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Nsr/Lm
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W.P.(MD).Nos.7541 and 7542 of 2007
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Cheranmadevi, Tirunelveli. +1 CC to M/s.SPL GP ( SR-36079[F] dated 26/11/2021 ) +1 CC to M/s.F.DEEPAK, Advocate ( SR-36237[F] dated 29/11/2021 ) +1 CC to M/s.D. NALLATHAMBI, Advocate ( SR-36222[F] dated 26/11/2021 W.P.(MD).Nos.7541 and 7542 of 2007 25.11.2021
KK(CO) KB(28.01.2022) 4P 6C
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1 issue framed by the court
Whether the High Court can examine the issues regarding the rights of the petitioners to enjoy the lands and possession on the basis of affidavits filed in a Writ Petition filed under Article 226 of t
1 provisions across 1 enactments
Ramisa Begum
Majitha Begam
Raseeda Begam
Sabura Begum
Sabiya
The District Collector, Tirunelveli District
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
