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Madras High Court · body

2019 DAILYLAW 3640 (MAD)

S.Goverdannan, v. The District Collector-Vellore,

WP/33766/2019 · 2026-04-06

Krishnan Ramasamy

Transfer Petitionbody2019

Judgment text

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WP No. 33766 of 2019 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 33766 of 2019 and WMP.No.34260 of 2019 S.Goverdannan ..Petitioner(s) Vs 1. The District Collector-Vellore, Office of the District Collectorate, Sathuvachari, Vellore – 632009. 2. The Tahsildar, Taluk Office, Gudiyattam, 143 & 144, Railway Station Road, Godanagaram, Arunachala Nagar, Gudiyattam, Tamil Nadu – 632602. 3. The Commissioner, Gudiyattam Municipality, No. 1, R.S. Road, Gudiyattam, Vellore District – 632602. 4. The Building Engineer, Office of the Gudiyattam Municipality, No. 1, R.S. Road, Gudiyatham, Vellore District – 632602. 5. The Inspector of Police, Traffic Police Station, Gudiyattam, Vellore District – 632602. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 33766 of 2019 __________ Page2 of 6 Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, forbearing the Respondents herein or their men, servants, agents or any one claiming under them from interfering with the Petitioner’s possession and enjoyment of the property or laying one way road in the patta land belonging to the Petitioner, comprised in T.S.No. 199/ 5, Gudiyattam Town & Taluk, Vellore District, without following the due process of law. For Petitioner(s): Mr.D.Rajagopal For Respondent(s): Mrs.S.Anitha Special Government Pleader ORDER This writ petition has been filed seeking for a mandamus forbearing the Respondents herein or their men, servants, agents or any one claiming under them from interfering with the Petitioner’s possession and enjoyment of the property or laying one way road in the patta land belonging to the Petitioner, comprised in T.S.No. 199/ 5, Gudiyattam Town & Taluk, Vellore District, without following the due process of law. 2. The learned counsel appearing for the petitioner would submit that initially the subject property was purchased through Court auction sale on 17.04.1972 thereafter, the property was settled by the petitioner’s father in favour of the petitioner on 07.02.2010. Since the 3rd respondent making https://www.mhc.tn.gov.in/judis WP No. 33766 of 2019 __________ Page3 of 6 objections for putting up the compound wall by the petitioner in the subject property, the petitioner filed the present writ petition. 3. The learned Special Government Pleader appearing for the 3rd respondent would submit that already the petitioner filed a writ petition in W.P.No.26681 of 2013. 4. The learned counsel appearing for the petitioner would submit that the said writ petition was filed with regard to shifting the pipeline and the pipeline was shifted to the alternative site for about five years ago and, this Court recorded the same and closed the said writ petition on 13.08.2020. 5. In the present writ petition, admittedly, the petitioner’s father purchased the property through Court auction on 17.04.1972. Thereafter, it was settled in favour of the petitioner on 07.01.2010, therefore, he is in possession of the property for more than five decades. Now the 3rd respondent making objections for constructing compound wall. In the event if there is any grievance to the 3rd respondent, certainly, he can take action in the manner known to law by establishing title. 6. In such view of the matter, this Writ Petition is disposed of with a direction to the respondents, not to disturb the petitioner’s possession in the https://www.mhc.tn.gov.in/judis WP No. 33766 of 2019 __________ Page4 of 6 subject property without following the due process of law. No costs. Consequently, connected miscellaneous petition is closed. 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KKN https://www.mhc.tn.gov.in/judis WP No. 33766 of 2019 __________ Page5 of 6 To 1. The District Collector-Vellore, Office of the District Collectorate, Sathuvachari, Vellore – 632009. 2. The Tahsildar, Taluk Office, Gudiyattam, 143 & 144, Railway Station Road, Godanagaram, Arunachala Nagar, Gudiyattam, Tamil Nadu – 632602. 3. The Commissioner, Gudiyattam Municipality, No. 1, R.S. Road, Gudiyattam, Vellore District – 632602. 4. The Building Engineer, Office of the Gudiyattam Municipality, No. 1, R.S. Road, Gudiyatham, Vellore District – 632602. 5. The Inspector of Police, Traffic Police Station, Gudiyattam, Vellore District – 632602. https://www.mhc.tn.gov.in/judis WP No. 33766 of 2019 __________ Page6 of 6 KRISHNAN RAMASAMY, J. KKN WP No. 33766 of 2019 06-04-2026 https://www.mhc.tn.gov.in/judis