1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12504 of 2011 and M.P (MD) Nos.1 & 2 of 2011 Kumari Bagavathy ... Petitioner Versus 1. The Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St. George, Chennai – 9. 2. The District Collector, Tirunelveli. 3. The Tasildar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District. 4. The Executive Officer, Vickramasingapuram Municipality, Tirunelveli District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings issued by the fourth respondent in Na.Ka.No.113/2011/A4, dated 13.07.2011 and quash the same and consequently direct the respondents to consider the petitioner's application dated 25.07.2011 for free patta to the property in Survey number 910, Vickramasingapuram II Village. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.K.P.K.Krishnadoss Government Advocate O R D E R The petitioner has come up with the above Writ Petition challenging a communication sent by the Executive Officer of Vickramasingapuram Municipality to the District Collector seeking permission to construct a Community Hall in a Government https://hcservices.ecourts.gov.in/hcservices/ 2 poramboke land in Survey No.910/2, Ward No.9, Vickramasingapuram Municipal area. 2. Heard Mr.T.A.Ebenezer, learned Counsel for the petitioner. Mr.K.P.K.Krishnadoss, learned Government Advocate takes notice for the respondents. 3. The petitioner claims to be in occupation of the property in Survey No.910/2, Ward No.9, Vickramasingapuram Municipal area, measuring an extent of 6 cents. The petitioner also claims that the property is assessed to property Tax and that he has been paying the Tax to the Municipality. According to the petitioner, persons who occupied the adjoining lands were already issued with patta. Therefore, the petitioner has also made a representation, dated 25.07.2011 for the grant of patta. 4. In the meantime, the fourth respondent, namely, the Executive Officer of Vickramasingapuram Municipality has sent a letter in ROC.No.113/2011/A4, dated 13.07.2011, requesting the Collector to grant permission under the Member of Parliament Constituency Development Scheme, 2011-12 for the construction of a Community Centre in the said land. Apprehending that he may be dispossed, the petitioner is before this Court. 5. At the outset, what is challenged by the petitioner in the Writ Petition, is an Inter Departmentmental Communication between the fourth respondent and the second respondent, which the petitioner is not to entitled to challenge. The request made by the fourth respondent may be granted or may not be granted. The petitioner cannot be said to be aggrieved until steps are taken to disposess him. Therefore, he cannot challenge the impugned communication. 6. If the petitioner claims any right or title to the property, on the basis of his possession and the property Tax Assessment, the appropriate remedy for him is to go to the civil Court. If at all the respondents initiate any action by due process of law to evict the petitioner, in such circumstances, the petitioner can even come to this Court. But not at this stage when a proposal is sent by one Department to another Department. Therefore, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St. George, Chennai – 9. 2. The District Collector, Tirunelveli. 3. The Tasildar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District. 4. The Executive Officer, Vickramasingapuram Municipality, Tirunelveli District +One CC to The Spl Govt. Pleader, SR.No.38098 ps rl/6c – 21.11.2011 W.P (MD)No.12504 of 2011 03.11.2011 https://hcservices.ecourts.gov.in/hcservices/