1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.1949 of 2011 and M.P.No.1 of 2011 K.Charles Fernando : Petitioner Vs. 1.The District Collector, District Collector Office, Tirunelveli. 2.The Tahsildar, Tahsildar Office, Ambasamuthiram, Tirunelveli District. 3.Commissioner, Vikkiramasingapuram Municipality, Vikkiramasingapuram, Tirunelveli District. 4.M.Sesu Maria Anthony. : Respondents [R-4 impleaded as per order dated 08.06.2011 in M.P.No.2 of 2011] 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 relating to the show cause notice dated 20.01.2011 issued by the second respondent in Na.Ka.A9/17265/10 and quash the same. For Petitioner : Mr.C.Jawahar Ravindran For Respondents 1to3 : Mr.R.Karthikeyan Additional Government Pleader For Respondent 4 : Mr.S.Rajasekar O R D E R ********** [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed challenging a show cause notice dated 20.01.2011 issued by the Tahsildar, Ambasamuthiram, Tirunelveli District, the second respondent herein. 2. According to the learned counsel for the petitioner, already he had filed a Civil Suit in O.S.No.67 of 2005, on the file of the District Munsif, Ambasamuthiram, wherein, an order of injunction was granted restraining the respondents therein from preventing the petitioner herein to construct a compound wall. According to the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner, though an appeal in A.S.No.30 of 2010 has been filed by the Commissioner, Vikkiramasingapuram Municipality, the third respondent herein, since the Civil Court had granted a finding in favour of the petitioner, the second respondent ought not to have issued the show cause notice, and therefore, the impugned notice dated 20.01.2011 is to be set aside. 3. The second respondent has filed a counter affidavit. As per the counter affidavit and also as per the copy of 'A' Register filed by the impleading respondent, the place in question is a Government poramboke. 4. When the place in question is a Government Poramboke, without impleading the District Collector and the Tahsildar concerned, the petitioner had filed the said Civil Suit in O.S.No.67 of 2005 and got an order of injunction. Apart from this, what is under challenge is only a show cause notice issued to him. Consequently, we are of the opinion that if it is the case of the petitioner that the property in question belongs to him, it is for him to establish the same before the authority concerned by giving reply and he is also at liberty to approach the appropriate Civil Court to take appropriate action with regard to the ownership of the property, since as on date, the petitioner had not filed any suit seeking declaration. 5. According to the learned counsel for the petitioner, the petitioner is in need of one month time to approach the Civil Court. 6. In view of this, for a period of one month from the date of receipt of a copy of this order, the respondents are restrained from taking any further action with regard to the property in question. In the event of failure on the part of the petitioner to get any order within the time stipulated in this order, the respondents are at liberty to proceed as against the petitioner. The Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. NB Sd/- Assistant Registrar[CO] /True copy/ To Sub Assistant Registrar 1.The District Collector, District Collector Office, Tirunelveli. 2.The Tahsildar, Tahsildar Office, Ambasamuthiram, Tirunelveli. 3.Commissioner, Vikkiramasingapuram Municipality, Vikkiramasingapuram, Tirunelveli District. +1 cc to Mr.T.Lajapathi Roy, Advocate SR.No.17652. +1 cc to Mr.C.Jawahar Ravindran, Advocate SR.No.17589. +1 cc to the Special Government Pleader, SR.No.17674. ORDER MADE IN W.P.(MD).No.1949 of 2011 Dated:08.06.2011 2P/7C RPB 29.06.2011 https://hcservices.ecourts.gov.in/hcservices/