Pavayee Vs the District Collector

Forbear Respondents 1 to 4 from interfering with the patta lands for laying a public road in Survey No.379/6 measuring 1.20.5 hectare situated at Periyeri, Thalaivasal Taluk, Salem District.

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For Petitioner(s): M.S.Palaniswamy V.Ravichandran P.K.Shiva Kumar R.Soundhari J.Lingitha For RR1 to 3 Ms.Meera Arumugam, AGP For R4 Mr.M.Rajendiran, AGP

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ORDER

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The issue raised in the writ petition should be rightly addressed by a suit

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for declaration that the petitioners are entitled for the entire extent of the property, and that there does not exist a cart track over their land. This is

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because clause 7 of the Assignment, on the basis of which the grant of land

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was made, produced by Mr.M.S.Palaniswamy, discloses a condition of the assignment that the petitioner shall not obliterate any cart track/pathway running over the said property.

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Though Mr.M.S.Palaniswamy, refers to earlier judgment and decree

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dated 18.9.2000 passed in A.S.No.19 of 1998 on the file of Sub Judge, Attur, I

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am of the view that the plea raised in the writ petition requires evidence, both oral and documentary, in order to proceed further. While the learned counsel submits that no pathway exists, the FMB produced by the learned Additional Government Pleader appearing for the fourth respondent indicates that there has

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been a pre-existing pathway.

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These are disputes on facts, which would not be proper to probe into in

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a writ petition.

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Mr.Palaniswamy seeks permission to withdraw the writ petition with

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liberty to file a suit before the jurisdictional court.

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I consider the request of Mr.Palaniswamy reasonable. The liberty

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sought for by Mr.Palaniswamy is granted. He shall move the jurisdictional civil

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court for appropriate reliefs, if he is so advised.

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I notice that an interim order of status quo order has been granted by

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this court and it is continuing till date. Such order shall continue for a further

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period of four weeks from today. On expiry of the four weeks, the interim order shall expire. It is open to the petitioner to move the jurisdictional civil court and

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obtain appropriate interim orders. As the entire papers have already been served

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on the State, the same shall be treated as notice under Section 80 of CPC. It is also open to the petitioner to move an application before the jurisdictional civil court to dispense with notice.

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