In a writ petition under Article 226 seeking eviction of co-sellers under circumstances of alleged fraud, the High Court disposed of the petition, holding that property disputes and fraud allegations against government employees must be adjudicated through appropriate civil and disciplinary proceedings, not writ jurisdiction.
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.No.14119 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.14119 of 2023
R.Sengathir Selvan ... Petitioner
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st respondent to dispose the petitioner representation dated 02/11/2022 for evicting the 4th and 5th respondent herein from the petitioner premises located at Flat No.22, Door No.255DA/5.7G5, 255/5.7G6, 6th Ward, Mullai Nagar,
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Mettu Street, Perambalur herein, and direct to conduct the proper enquiry on my representation dated 02/11/2022, within the period as stipulated by this Hon'ble Court.
For Petitioner : Mr.C.Vidhusan For Respondents : (for R1 to R.3) : Mr.S.Ravichandran, AGP
O R D E R
The relief sought in the present writ petition is to direct the first respondent to dispose of the petitioner's representation dated 02.11.2022,
for evicting the respondents 4 and 5 from the subject premises, located at Flat No.22, Door No.255DA/5.7G5, 255/5.7G6, 6th Ward, Mullai Nagar, Mettu Street, Perambalur.
2.It is not in dispute that the petitioner purchased the property from the 4th respondent, who is a Government Employee. The learned counsel for the petitioner states that the 4th respondent is working as Headmaster and committed certain fraudulent activities.
3.However, the property dispute between the petitioner and the 4th
respondent cannot be resolved in a writ proceeding under Article 226 of the Constitution of India. High Court cannot issue any order of eviction since
W.P.No.14119 of 2023
the disputed issues are to be adjudicated with reference to the documents
and evidence. If at all, the 4th respondent has committed any fraudulent activity as per the allegations raised by the petitioner, he has to approach the competent disciplinary authority for the purpose of initiation of appropriate proceedings under the Government Service Rules.
4.The learned counsel for the petitioner further states that a criminal complaint has also been registered and actions are in progress.
5.This being the factum, the petitioner is at liberty to pursue his remedy in the manner known to law and in the event of filing any such complaint or otherwise, the competent authorities would have to conduct an inquiry and initiate all appropriate actions.
6.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs.
(sha) Index : Yes Speaking Order Neutral Citation : Yes
01.06.2023
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S.M.SUBRAMANIAM. J.,
(sha)
To
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01.06.2023
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2 issues framed by the court
Whether the High Court can issue a writ of Mandamus directing eviction in a property dispute involving alleged fraud.
Whether allegations of fraudulent activity against a government employee requiring disciplinary action justify dispensing with proper procedures in a writ petition.
1 provisions across 1 enactments
R. Sengathir Selvan
The District Collector, Perambalur
District superintendent of Police, Perambalur
Inspector of Police, Town Police Station, Perambalur
H.Pappy
Imbran
S.M. Subramaniam
Manoj Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
