1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 CORAM: THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM WP.(MD) No.2205 of 2011 and M.P.(MD) No.1 of 2011 B.Kottai .. Petitioner versus 1. The District Collector Sivagangai District. 2. The Tahsildar Devakottai Taluk Sivagangai District. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus calling for the records of the first respondent relating to his proceedings in ROC.E4/11773/2010 dated 29.07.2010, to quash the same and to consequently direct the second respondent to recall the notice dated 3.1.2011, Under Section 6 of Land Encroachment Act and pass such order. For petitioner : Mr.P.Muthusamy For respondents : Mr.R.Janakiramulu Special Government Pleader ORDER (Order of the Court was made by CHITRA VENKATARAMAN,J.) The petitioner has filed this writ petition as against the order of the District Collector, the first respondent herein, wherein the petition filed under the Tamil Nadu Land Encroachment Act, 1995 was rejected. The District Collector rejected the prayer on the ground that the property in question was classified as Pathai poramboke and not Natham Poramboke as claimed by the petitioner. 2. It is seen from the averments in the writ petition that the petitioner had already approached the civil Court in O.S.No.104 of 2010 on the file of the learned District Munsif, Devakottai, wherein the petitioner had sought for a relief of declaration that the property in question belonged to the petitioner. The petitioner has also sought for an injunction therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In the circumstances, having regard to the fact that the petitioner has already approached the Civil Court for a declaration as regards his right over the property, unless and until the said aspect is established in a manner known to law, we do not find any ground for this Court to interfere with the order of the first respondent. Hence, this writ petition stands dismissed. No costs. Connected M.P.(MD) No.1 of 2011 also stands dismissed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1. The District Collector Sivagangai District. 2. The Tahsildar Devakottai Taluk Sivagangai District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.10162 +1CC TO MR.P.MUTHUSAMY, ADVOCATE SR.10489 ksv SR : 17.03.2011 : 2p/5c WP.(MD) No.2205 of 2011 and M.P.(MD) No.1 of 2011 Dated: 25.02.2011 https://hcservices.ecourts.gov.in/hcservices/