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2025 DAILYLAW 11883 (MAD)

P.SABITHA v. THE DISTRICT COLLECTOR

WP/1230/2025 · 2025-01-21

C Kumarappan, R Subramanian

Transfer Petitionbody2025

Judgment text

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WP.No.1230 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.01.2025 CORAM: THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP No. 1230 of 2025 and WMP Nos.1483 & 1485 of 2025 1. P.Sabitha 2. B.Shakila .... Petitioners Vs 1. The Collector, Tiruvallur District, Collectorate At Tiruvallur 602 001. 2. The District Revenue Officer, Tiruvallur District, Collectorate At Tiruvallur 602 001. 3. The Block Development Officer, M.T.H.Road, Ambattur, Chennai-600 053. 4. The Thasildhar, Avadi Taluk, Modern City, Deena Dayalan Nagar, Pattabiram, Chennai-600 054. 5. The President, Vellacherry Panchayat, at Vellachery, Morai Post, Avadi Taluk, Tiruvallur District-600 055. .... Respondents 1/4 https://www.mhc.tn.gov.in/judis WP.No.1230 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to consider our representation dated 27.12.2024 thereby stopping the illegal construction of obsequies shed (death ceremony obsequies) (karia medai) by removing the illegal construction to restore the same to its original position in lands comprised in survey No 34 measuring 11 Ares of 27 Cents, bearing patta No.509 at Vellachery village originally Ambattur, Taluk, presently Avadi Taluk, Thriuvallur District. For Petitioners : Mr.S.Mohan For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1 to R5 ***** ORDER [Order of the Court was made by R.SUBRAMANIAN, J] The petitioners seek a decree for recovery of possession under Article 226 of The Constitution of India. It is the claim of the petitioner that the 5th respondent is making certain construction in the property that belongs to the petitioners. If there is an encroachment by anybody over the property belonging to the petitioners, it is open to the petitioners to file an appropriate 2/4 https://www.mhc.tn.gov.in/judis WP.No.1230 of 2025 civil suit for recovery of possession. The issue of title or encroachment over private lands cannot be made subject matter of a writ petition under Article 226 of The Constitution of India. 2. In such view of the matter, this writ petition is dismissed. No costs. Consequently, connected WMPs are also closed. [R.S.M., J] [C.K., J] 21.01.2025 Index : No Internet: Yes Speaking Order NCC : No kmi To 1. The Collector, Tiruvallur District, Collectorate, Tiruvallur 602 001. 2. The District Revenue Officer, Tiruvallur District, Collectorate At Tiruvallur 602 001. 3. The Block Development Officer, M.T.H.Road, Ambattur, Chennai-600 053. 4. The Thasildhar, Avadi Taluk,Modern City, Deena Dayalan Nagar, Pattabiram, Chennai-600 054. 5. The President, Vellacherry Panchayat, at Vellachery, Morai Post, Avadi Taluk, Tiruvallur District-600 055. 3/4 https://www.mhc.tn.gov.in/judis WP.No.1230 of 2025 R.SUBRAMANIAN, J and C.KUMARAPPAN, J kmi WP.No.1230 of 2025 21.01.2025 4/4 https://www.mhc.tn.gov.in/judis