IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No. 25875 of 2009 & M.P. No. 1 Of 2009 S. Nagarajan .. Petitioner V. 1.The District Collector Chennai. 2.The Commissioner Corporation of Chennai Chennai-600 003. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent not to level the subject land and not to interfere with the peaceful possession and enjoyment of the subject land viz. Situate at Alandur Road, Adayar Village, Mambalam Guindy Taluk, comprised in Old Survey No. 12, Patta No.50, totally measuring 41 Grounds out of which 10 grounds comprised in Survey No.12/1, 12/7, 12/12 and 1/4th undivided share of land in Survey No. 12/5, and 12/13, without following the due process and provisions of Acquisition Act. For petitioner : Mr. T.N. Murali Moghan For respondents : Mr. R. Murali, Govt. Advocate (R1) Mr. V.Bharathidasan (R2) O R D E R At this stage of the hearing of this Writ Petition, the learned counsel appearing on behalf of the first respondent had placed before this Court an order of the Division Bench of this Court, dated 02.12.2009, made in W.P.No.23973 of 2009, filed by the petitioners, who are similarly placed as that of the petitioner. The order dated 02.12.2009 reads as follows: "2.The petitioners claim to be the owners of certain lands, the particulars of which are given in prayer clause of the writ petition, situated on the banks of river Adayaru in Saidapet Village of Guindy – Mambalam Taluk, falling under the Chennai City Municipal area. The petitioners seek a https://hcservices.ecourts.gov.in/hcservices/ direction restraining the first respondent from interfering with their possession of the said lands. 3.If the petitioners claim to be the owners of the lands in question, their remedy is to seek a declaration and injunction in a civil Court and a writ petition under Article 226 of the Constitution is not the proper course. The Writ petition, is therefore, dismissed. There shall be no order as to costs. Consequently, M.P.No.1 of 2009 is closed." In view of the order passed by the Division Bench of this Court cited above, the Writ Petition stands dismissed, with liberty to the petitioner to approach the appropriate Civil Court to seek his remedies, in accordance with law. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar To 1.The District Collector Chennai. 2.The Commissioner Corporation of Chennai Chennai-600 003. 1 cc to Government Pleader, Sr.No.4006 1 cc to Mr.V.Bharathidasan, Advocate, Sr.No.3966 1 cc to Mr.T.N.Murali Moghan, Advocate, Sr.No.3689 W. P. No. 25875 of 2009 & M.P. No. 1 of 2009 LA {CO} TP/4.2.2010. https://hcservices.ecourts.gov.in/hcservices/