Dismissed¶31

Ramamoorthy v. The District Collector

Madras HC2 Jun 2025WP(MD)/15011/2025

Case brief

AI extract

What is this about?

Writ of Mandamus; Article 226; Madurai Bench of Madras High Court; Thoothukudi; Survey No.570/1; Meelavitan Village; dwelling house acquisition; Thoothukudi Corporation; title and ownership dispute; injunction relief not maintainable in writ jurisdiction; civil court remedy; representation dated 17.08.2023; writ petition dismissed; liberty to approach civil court.

What did the court decide?

Liberty granted to the petitioner to approach the civil Court of law to establish his title and ownership; writ petition dismissed with no costs and connected miscellaneous petition closed. ¶31

Ramamoorthy Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.15011 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.15011 of 2025 and W.M.P.(MD)No.11338 of 2025

Ramamoorthy

... Petitioner

Vs.

1.The District Collector, Office of the District Collectorate, Thoothukudi District.

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2.The Commissioner, Thoothukudi Corporation, Thoothukudi District.

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3.The Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

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4.The District Revenue Officer, Thoothukudi, Thoothukudi District.

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5.The Tahsildar, The Tahsildar Office, Madurai District.

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15011 of 2025

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6.The Sub Registrar, Thoothukudi Melur, Thoothukudi District.

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7.Chithraivel

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...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 herein not to acquire the petitioner's dwelling house in the Survey No.570/1 situated at Meelavitan Village in Thoothukudi Taluk, Thoothukudi District and thereby considering the petitioner's representation dated 17.08.2023 within the time stipulated by this Court.

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For Petitioner : Mr.S.Muthumalai Raja For R1, R3 to R6 : Mr.S.P.Maharajan, Special Government Pleader For R2 : Mr.N.Ananda Kumar

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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This Writ of Mandamus has been instituted to direct the respondents 1 to 5 not to acquire the petitioner's dwelling house in Survey No.570/1 situated at Meelavitan Village in Thoothukudi Taluk, Thoothukudi District and thereby, considering the petitioner's representation dated 17.08.2023.

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15011 of 2025

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2.The learned counsel appearing for the petitioner would contend that the 2^nd respondent Thoothukudi Corporation is attempting to take over the property of the petitioner. The petitioner states that he possessed all required documents to establish his ownership.

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3.If that being so, the petitioner has to approach the competent civil Court of law for establishing his ownership and title. The relief as such sought for in the present Writ Petition, which is in the nature of injunction, cannot be granted by the Writ Court, since the issues raised are of civil in nature. Therefore, granting liberty to the petitioner to approach the civil Court of law to establish his title and ownership, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S., J.) & (A.D.M.C., J.)

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02.06.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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Yuva

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3/5

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https://www.mhc.tn.gov.in/judis