P. Manivasagam v. District Collector, Dharmapurai District
2012-04-19
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus forbearing the respondent No.1, 2 and 3, District Collector, Revenue Divisional officer and the Tahsildar from interfering with the peaceful possession of the petitioner. 2. The averments made in the supporting affidavit, reads as under: "1. I am the petitioner herein. 2. I humbly submit that I am the absolute owner in possession and enjoyment of 5 acres in S.No.357/2A1, and 79 acres in S.No.357/2B1, together with 5 HP motor pumpset in Vepilaimuthampatti Village, Dharmapuri Taluk and District, by virtue of a registered sale deed dt. 28.10.02 bearing Doc. No.2004/2002 on the file of SRO Papireddipatti. 3. I humbly submit that patta bearing No.1043, chitta and adangal in respect of the above said property stands in my name. 4. I humbly submit that I am carrying out agricultural activities and there is a farm house in my above said property. 5. I humbly submit that while such being the position the 3rd respondent and his subordinate without prior intimation entered into my property on 1.2.12 and took measurements without my consent and informed that they would take possession of the said property and dispossess me any moment. 6. I humbly submit that I am the owner of the above said property and the respondents without following due process of law cannot dispossess me and interfere with my peaceful possession. 7. I humbly submit that I had been issued with any notice informing and acquisition proceedings and I am in possession and enjoyment of the above said property as absolute owner. The respondents have no authority or right over the above said property and cannot interfere with my peaceful possession except by adhering to procedure contemplated under law. 8. Aggrieved by the illegal action of the respondent and having no other alternative or efficacious remedy open the petitioner begs to invoke the special original jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India for issue of writ of Mandamus. 9. I humbly submit that I have not filed writ seeking the same relief and I have not been served with any caveat notice. 10. I humbly submit that under these circumstances unless an urgent interim order of injunction is granted the petitioner would be greatly prejudiced. 11.
9. I humbly submit that I have not filed writ seeking the same relief and I have not been served with any caveat notice. 10. I humbly submit that under these circumstances unless an urgent interim order of injunction is granted the petitioner would be greatly prejudiced. 11. It is therefore humbly prayed that this Hon'ble Court may be pleased to grant an order of interim injunction restraining the respondents their men, agents and subordinates from any manner interfering with the petitioner's peaceful possession and enjoyment of all that piece and parcel of property, measuring 5 acres in S.No.357/2A1, and 79 acres in S.No.357/2B1, together with 5 HP motor pumpset in Vepilaimuthampatti Village, Dharmapuri Taluk and District, as per Patta No.1043, except by due process of law pending disposal of the above writ petition and thus render justice." 3. The averments made in this appeal cannot be accepted on face value, as these are to be proved by leading evidence. The officials like the respondent can only act by passing written order. It cannot be believed that the Collector, Revenue Divisional Officer or Tahsildar can interfere with possession in illegal manner. The petitioner has not impleaded any officially by name, who could be asked to file counter to accept or deny the allegations. The dispute raised cannot be decided in exercise of writ jurisdiction. The petitioner, if aggrieved can file a civil suit in the Civil Court and substantiate the allegation by leading evidence. 4. No merit. Dismissed. However, it shall not bar the petitioner to approach his remedy available to him under ordinary Civil Law. No costs. Consequently, connected Miscellaneous Petition is closed.