Chinnadurai vs The District Collector on 15 April, 2019

[Cites 2, Cited by 0]

Madras High Court

Chinnadurai vs The District Collector on 15 April, 2019

Bench: G.R.Swaminathan

                                                         1

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 15.04.2019

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            W.P.(MD)No.9107 of 2019
                      Chinnadurai                                          ... Petitioner

                                                         Vs

                      1.The District Collector,
                        Trichy District,
                        Trichy.

                      2.The Special Deputy Collector,
                        (Land Acquisition),
                        TNPL-II Office,
                        Manapparai, Trichy District.

                      3.The Manager,
                        TNPL, Manmangalam Taluk,
                        Karur District.                                    ... Respondents

                      PRAYER: Petition filed under Article 226 of the Constitution of India
                      to issue a Writ of Mandamus, directing the respondents to consider
                      the petitioner's representation dated 20.03.2019 to cancel the
                      exchange deed in Document No.5184/2015 dated 17.08.2015 on the
                      file of the Sub Registrar, Manapparai and to restore the common Well
                      comprised in Survey No.2/1F at K.Periyapatti North Village,



http://www.judis.nic.in
                                                        2

                      Manapparai Taluk, Trichy District in the name of petitioner and his
                      senior fathers namely Thangaraj, Rengasamy and Vellaikannu.


                            For Petitioner    : Mr.T.Leninkumar
                            For R1 & R2       : Mr.K.Mu.Muthu
                                                Additional Government Pleader
                            For R3            : Mr.M.P.Senthil



                                                      ORDER

The relief sought for in the writ petition can be granted only by jurisdictional Civil Court in view of the decision of the Hon’ble Supreme Cout reported in (2016) 10 SCC 767 (Satyapal Anand Vs State of Madhya Pradesh and others)

2. However, taking note of the special facts and circumstances obtaining in this case, the jurisdictional Civil Court is directed to dispose of the suit that is to be instituted by the writ petitioner on merits and in accordance with law within a period of seven months from the date of institution.

http://www.judis.nic.in 3

3. With this direction, the Writ Petition is disposed of. No costs.

15.04.2019 Index : Yes/No Internet : Yes/No rmk To

1.The District Collector, Trichy District, Trichy.

2.The Special Deputy Collector, (Land Acquisition), TNPL-II Office, Manapparai, Trichy District.

http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

rmk W.P.(MD)No.9107 of 2019 15.04.2019 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court