R. Manonmani v. District Collector, Tiruvallur District
2013-01-24
M.JAICHANDREN
body2013
DigiLaw.ai
Judgment :- 1. This writ petition has been filed by the petitioner praying that this court may be pleased to issue a writ of mandamus to restrain the respondents from encroaching upon and constructing any structure in the property said to be belonging to the petitioner, in Survey No.528/8 (part) & 528/11(part) situate at Venbakkam village, Ponneri Revenue Village, Ponneri Taluk, Tiruvallur District. 2. The petitioner has stated that she is the owner of the land, in Survey No.528/8 (part) & 528/11(part), measuring an extent of 5 cents, in Venbakkam village, Ponneri Revenue Village, Ponneri Taluk, Tiruvallur District. Whileso, the Tahsildar, Ponneri had issued notices to several parties owning lands in the said area to appear for an enquiry, along with the relevant documents to show their ownership and possession of the same. However, no such notice had been issued to the petitioner, till date. 3. The main contention of the learned counsel appearing for the petitioner is that the respondents 1 to 3 had not initiated any land acquisition proceedings to acquire the properties belonging to the petitioner and other similarly situated persons. However, they are issuing several notices, asking the land owners to prove their ownership and possession of the lands in question. According to the petitioner, the third respondent had issued the notices, arbitrarily and illegally, without having any power or authority to do so. 4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner and in view of the averments made in the affidavit filed in support of the writ petition, this Court is of the considered view that the issues arising for consideration before this Court, in the present writ petition, are to be agitated before the appropriate civil forum. Since, certain disputed questions of fact, relating to the ownership and possession of the property in question are to be decided, it is for the petitioner to seek her remedy before the appropriate Civil Court, in the manner known to law. As such, the present writ petition is liable to be dismissed as it is not maintainable, before this Court, under Article 226 of the Constitution of India. Accordingly, the writ petition stands dismissed. 5.
As such, the present writ petition is liable to be dismissed as it is not maintainable, before this Court, under Article 226 of the Constitution of India. Accordingly, the writ petition stands dismissed. 5. However, it is made clear that it would be open to the petitioner to approach the civil forum concerned, to seek an appropriate relief, with regard to the properties said to be belonging to the petitioner, if so advised. No costs. The connected miscellaneous petition is also dismissed.