1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9973 of 2011 and M.P.Nos.2 and 3 of 2011 1.L.Rajagopal 2.S.Natarasan 3.K.Thalaimalai Nadar 4.J.Chinnadurai 5.P.Balasubramanian 6.M.Manigavasam 7.P.Aasaithambi 8.P.Pachimuthu 9.T.Marimuthu 10.K.Govindhan 11.C.Muthuvel 12.T.Ponmarimuthu 13.T.Raju 14.T.Senthur Pandiyan 15.E.S.M.Erulappan 16.S.Ganeshraja 17.G.Thonthi Ganesan 18.R.Antony Vincent 19.B.Palani Selvam Muthukumar 20.V.Sivasubramaniyan 21.T.Sermgapandian 22.G.Muthukrishnan 23.M.Chaderasekaran 24.M.Baskaran 25.S.Muthukumar 26.A.Govindaraj 27.P.Muniyasamy 28.A.Mayileri Jayakumar 29.M.Arunachalam : Petitioners Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Revenue Divisional Officer, Rajapalayam Taluk, Rajapalayam 3.The Tahsildar, Rajapalayam Taluk, Rajapalayam. 4.The Block Development Officer, Thalavaipuram Panchayat Union, Rajapalayam Taluk, Rajapalayam. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The President, Thalavaipuram Panchayat, Thalavaipuram, Rajapalayam Taluk. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to restore the possession of the petitioners in the land in S.Nos.59/2 and 59/9 of Thalavaipuram Village and a consequential direction directing the respondents herein to compensate the petitioners herein for the unlawful act of the respondents in demolishing the petitioners' buildings in S.Nos.59/2 and 59/9 of Thalavaipuram Village. For Petitioners : Mrs.Lakshmi Gopinathan For Respondents : Mr.K.Mahendran R1 to R5 Special Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petitioners are stated to have been given possession of various portions of lands, where they are having shops in respect of S.Nos.59/2 and 59/9 at Thalavaipuram Village, Rajapalayam Taluk. It appears that the petitioners were dispossessed by the Revenue Authorities in July 2011. It was in those circumstances, the present Writ Petition has been filed for a direction to the respondents to restore the possession to the petitioners in respect of various portions, as stated supra and also a direction for payment of compensation. 2. It is seen on record that in the inter – communication between the Tahsildar concerned and the District Collector, Virudhunagar District, the panchayat has given permission to these petitioners for the purpose of putting up construction in a place called as "Oorani" and it is also stated that the petitioners herein are encroachers. 3. On the other hand, it is the contention of the learned counsel for the petitioners that the petitioners are not encroachers and the land belongs to the panchayat. 4. In our considered view, the question as to whether the said land is Oorani or it belongs to the panchayat cannot be decided in a Writ Petition under Article 226 of the Constitution of India by exchange of affidavits and it is for the petitioners to work out their remedy by approaching a competent Civil Court. Therefore, the Writ Petition stands dismissed leaving it open to the petitioners to prove their rights before the competent Civil Court. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Revenue Divisional Officer, Rajapalayam Taluk, Rajapalayam 3.The Tahsildar, Rajapalayam Taluk, Rajapalayam. 4.The Block Development Officer, Thalavaipuram Panchayat Union, Rajapalayam Taluk, Rajapalayam. 5.The President, Thalavaipuram Panchayat Union, Thalavaipuram, Rajapalayam Taluk. +1cc to Special Government Pleader, SR.29908 NB GH : 16.09.2011 : 3p/6c ORDER MADE IN W.P.(MD).No.9973 of 2011 05.09.2011 https://hcservices.ecourts.gov.in/hcservices/