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D. BHARATHA CHAKRAVARTHY
Mariyappan – Appellant
Versus
District Collector – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 5 and 6 herein from giving any police protection to the 7th respondent without any specific order obtained from the court by the 7th respondent from his illegal act of evicting the petitioners herein from their respective portions of property of an extent of 41.50 ares, 45.50 ares, 48.50 ares, 12.00 ares, 26.00 ares, 27.00 ares, 14.70 ares, 1.60 ares, 1.40 ares, 1.40 ares, 1.40 ares, 1.40 ares, 11.50 ares, 2.50 ares, 4.50 ares, 17.00 ares, 6.00 ares, 7.00 ares, 9.00 ares, 10.00 and 35.50 ares in all total extent of 324 ares (8.28 acres) respectively out of total extent of 14.92 acres (6.04.0 hectares) comprised in Survey Number.236/1, situated at Pillaiyarendal, Chinnavengavayal Village, Karaikudi Taluk, Sivagangai District, without following due process of law and in contrary to the observation made in W.A.(MD).No.739 of 2017 dated 04.07.2017 on the file of this Court and by considering the petitioners' representation dated 30.09.2023.
A. The Petition:
This Writ Petition is filed for a Writ of Mandamus, forbearing respondents 5 and 6 from
The court affirmed that a temple, having established its title through civil court decrees, is entitled to police protection to enforce its rights against unlawful eviction attempts by others.
Civil rights disputes must be adjudicated in civil courts, and the High Court cannot grant police protection without establishing possession through proper legal channels.
The court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.
Revenue documents are presumed to be genuine and correct, and the burden of proof lies on the party challenging their validity to prove that they are vitiated by fraud, surreptitious entry, or non-co....
Point of law: when a party approaches a High Court, he must place all the facts before the court without any reservation. If there is suppression of material facts on the part of the applicant or twi....
Authority must avoid unjust cancellation of property rights without valid reasons, emphasizing the necessity for resolution of title disputes in civil courts as mandated by law.
The court affirmed that police aid is essential for enforcing civil injunction orders, emphasizing the judiciary's duty to uphold its own rulings.
Revenue Authorities cannot adjudicate title disputes, requiring resolution in civil court; decisions must include sufficient reasoning to uphold property rights.
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