Petitioner sought mandamus to complete an enquiry into alleged illegal occupation of his patta land by respondents 3 to 13. Official respondents said eviction must follow due process via civil court; respondents claimed natham land occupancy. The court closed the writ petition with liberty to approach the competent civil court.
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W.P.(MD)No.471 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.471 of 2024
A.Abdul Salam
... Petitioner
Vs.
... Respondents
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W.P.(MD)No.471 of 2024
(R3 to R13 are impleaded vide order of this Court dated 08.07.2024 in WMP(MD)No.4085 of 2024.)
(R14 is suo motu impleaded vide order of this Court dated 20.11.2024 in WP(MD)No.471 of 2024.)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to complete the enquiry and passed an order in Ref.No. Na.Ka.No. 115 of 2023, A1 dated 26.7.2023 on his file.
For Petitioner : Mr.K.Kumaravel For Respondents : Mr.T.Amjad Khan (R1, R2 & R14) Government Advocate Mr.G.Gomathisankar (R3 to R13)
ORDER
This writ petition is filed seeking for a direction to the second respondent
to complete the enquiry in the order passed by the second respondent in
Ref.No. Na.Ka.No. 115 of 2023, A1 dated 26.07.2023.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
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W.P.(MD)No.471 of 2024
3. The claim of the petitioner is that the respondents 3 to 13 are the illegal occupants and they occupied the petitioner's patta land and the petitioner
wants to evict the respondents 3 to 13. Therefore, he made a representation on
28.03.2023, following which a notice was issued to the petitioner on 19.04.2023 by the second respondent directing him to submit all the relevant records on 26.04.2023 at 11:30 a.m. The petitioner duly appeared before the second respondent and had submitted all the revenue records. However, a final call has not been taken sofar in this matter. Hence, this writ petition has been filed.
4. The learned Government Advocate appearing for the official respondents submitted that the petitioner has given a representation and has also given certain revenue records claiming that the respondents 3 to 13 occupied the land belonging to the petitioner. However, if it all the petitioner is inclined to evict the respondents 3 to 13, the same could be evicted only by following due process of law and not otherwise. It is not the responsibility of the first and second respondents and it is for the petitioner to approach the competent civil Court for the same.
5. The learned counsel appearing for the respondents 3 to 13 submitted
that the respondents 3 to 13 have not occupied any of the land belonging to the
W.P.(MD)No.471 of 2024
petitioner, but they are residing in the natham land, for which they have been assessed by the competent revenue authorities, for which, the learned counsel appearing for the petitioner categorically contended that the tax receipt will not prove the title and even patta will also not prove the title.
6. This writ petition is closed by giving liberty to the petitioner to approach the competent Civil Court, since this is a clear case of dispute of eviction between the petitioner as well as the respondents 3 to 13. No costs.
05.12.2024
NCC : Yes / No Index : Yes / No Sm
W.P.(MD)No.471 of 2024
TO:-
W.P.(MD)No.471 of 2024
L.VICTORIA GOWRI, J.
Sm
Order made in W.P.(MD)No.471 of 2024
Dated: 05.12.2024
1 issue framed by the court
Whether the second respondent should be directed to complete the enquiry in Ref.No. Na.Ka.No. 115 of 2023 regarding alleged illegal occupation of patta land by respondents 3 to 13.
1 provisions across 1 enactments
A.Abdul Salam
The Assistant Director of Town Panchayat, District Collector's Office Complex, Thanjavur
The Executive Officer, Selection Grade Town Panchayat Office, Ammapettai, Thanjavur District
S.Sekar
V.Arul @ Arunkumar
L.Loganathan
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
