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.