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    Chinnamuthu v. The Chairmandirector Of

    This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the respondents 1 to 4 herein to restore the lands, in S.Nos.1203/1 and 1233 at Keezha Thiruthangal Village, Sivakasi Taluk, Virudhunagar District, vested with the Bhoodan Yagna Board, to the petitioner, based on the grant of the Bhoodan Board on 2.7.1972.

    2. The main contention of the learned counsel appearing for the petitioner is that the fifth respondent is in illegal occupation of the lands granted to the petitioner, by the Bhoodan Board, based on the joint patta issued by the fourth respondent. The learned counsel appearing for the petitioner had further stated that the fifth respondent had illegally fenced an extent of 55 cents of land belonging to the Board and granted in favour of the petitioner, on 2.7.1972. As such, the respondents 1 to 4, ought to be directed to take action against the fifth respondent for his act of fencing the lands in question, illegally, and to restore the said lands to the petitioner.

    3. The learned counsel appearing on behalf of the fith respondent had submitted that the lands in question belongs to the fifth respondent. He had surther submitted that the fourth respondent had issued a joint patta in the name of the petitioner and the fifth respondent and therefore, it is for the petitioner to approach a Civil Court for seeking appropriate remedy, if so advised.

    4. In view of the rival claims made by the petitioner, as well as the fifth respondent, in respect of the lands situated in S.Nos.1203/1 and 1233 in Keezha Thiruthangal Village, Sivakasi Taluk, Virudhunagar District, this Court is of the considered view that the said dispute, which is of a civil nature, could be adjudicated upon only by an appropriate Civil Court. As such, it would not be appropriate on the part of the respondents 1 to 4 to decide such disputed questions of fact, with regard to the ownership of the lands in question, as claimed by the petitioner.

    5. This Court is not inclined to grant the relief prayed for by the petitioner in the present Writ Petition. As such, the Writ Petition stands dismissed, permitting the petitioner to seek his relief, before an appropriate civil forum, if so advised, in the manner known to law. Connected Miscellaneous Petition is closed. No costs.

    asvm To

    1.The Chairman/Director of Bhoodan Yagna Board, Office of the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

    2.The District Collector, Virudhunagar District, Virudhunagar.

    3.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

    4.The Tahsildar, Sivakasi Taluk, Sivakasi, Virudhunagar District.

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    Chinnamuthu v. The Chairmandirector Of
    (Nov 27, 2012)