S. Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR S.Subramanian ... Appellant Vs.

1.

The District Collector, Chennai.

The Revenue Divisional Officer, South Chennai Region, Guindy, Chennai - 32.

The Tahsildar, Guindy Taluk, Chennai - 32.

... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 11.10.2023 passed in W.P.No.29487 of 2023 and consequently direct the 1st and 2nd respondents to consider the appellant's representation dated 30.05.2023.

For Appellant : Mr.J.Sivananda Raaj Senior Counsel for Mr.S.Venkatasubramaniyan

For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) Under assail is the order dated 11.10.2023 passed in W.P.No.29487 of 2023.

The grievance of the appellant is that Patta land has been erroneously stated as 'Government Poromboke' land despite the fact that the appellant produced title documents.

The learned Senior Counsel appearing on behalf of the appellant would mainly contend that the procedures as contemplated under the Patta Passbook Rules, have not been followed. The Authorities are expected to scrutinize the documents in order to find out the genuinity of the entries made.

4.

Mr.A.Selvendran, the learned Special Government Pleader appearing on behalf of the respondents would oppose by stating that the

schedule mentioned in the title document is not tallying with the extract from the Permanent/Town Survey Land Register produced by the appellant before this Court.

5.

Disputed facts of civil nature cannot be adjudicated before the writ Court. All such disputes are to be resolved based on the documents and evidences and by approaching the competent civil Court of law. High Court in exercise of powers of judicial review cannot scrutinize the documents, entries in Revenue Registers etc., for the purpose of forming a final opinion regarding title or ownership of a person. Thus, this court is of the considered opinion that the writ Court has rightly relegated the appellant to approach the civil Court for the purpose of resolving the issues. Granting liberty to the appellant to approach the civil Court, the present Writ Appeal stands dismissed. No costs. [S.M.S,J.] [K.R.S,J.] 15.04.2025 veda Index:Yes/No Speaking order/Non-speaking order

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda To 1.

The District Collector, Chennai.

The Revenue Divisional Officer, South Chennai Region, Guindy, Chennai - 32.

The Tahsildar, Guindy Taluk, Chennai - 32.

15.04.2025