Koya Moideen and Others vs The Commissioner, Director of Survey and Settlement, The District Forest Officer, The Tashildhar and The District Collector

P.D. Dinakaran, J.—The Petitioners seek for the issuance of a writ of Mandamus forbearing the Respondents 1 to 4 from interfering with

the peaceful possession enjoyment and cultivation of the property comprised in Survey O.S. No. 1 corresponding to R.S. No. 27/3 of Padanthorai

village, Gudalur Taluk, an extent of 112 acres, pending disposal of the appeal in CMA No. 6/1999 and 9/1999 before the Jenmam Abolition

Tribunal, Ooty, Nilgiris District.

Admittedly, the issue in question relates to the peaceful possession and enjoyment and cultivating right of the Petitioner in Survey No. O.S. No.

1 corresponding to R.S. No. 27/3 in Padanthorai village. Gudalur Taluk and grant of patta to the said property, based on such possession and

enjoyment which is disputed by the Respondents herein. It is well settled in law that disputed fact relating to possession and enjoyment of the

Petitioner over the impugned land, cannot be gone into under Article 226 of the Constitution of India, for considering the relief sought for in the

above writ petition.

That apart, following the decision in Kuppuswami Nainar Vs. The District Revenue Officer and Others, , this Court, by order dated 22.1.1999

in W.P. No. 725 of 1999, have also held that the Petitioner can get such relief only by approaching the Civil Court and not by invoking Article 226

of the Constitution of India. Hence, writ petition is dismissed. Consequently, WMP No. 14122 of 1999 is also dismissed. No costs.