R. MANONMANI Vs. DISTRICT COLLECTOR, TIRUVALLUR DISTRICT

JUDGEMENT

(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.) 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.