Madras High CourtWA/397/2021disposed of

Sundaram(Deceased) v. The Additional Chief Secretary

2024-02-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sundaram (deceased) 1.S.Gopi 2.S.Kala 3.S.Sujatha 4.S.Priya 5.J.Kannammal 6.J.Suresh 7.J.Kalpana 8.J.Govindaraj : Appellants versus 1.The Additional Chief Secretary, and Commissioner of land Administration, Chepauk, Chennai 600005 2.Director of Survey and Settlement, Survey House, Chennai 600005 3.The District Revenue Officer, Tiruvallur District 4.The Tahsildar, Gummidipondi Taluk, Tiruvallur District : Respondents

Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge in WP No.40590/2015 dated 17.03.2020. For the Appellants :

Ms.Abirami, for M/s.V.Srimathi For the Respondents :

Mr.A.Edwin Prabakar, State Government Pleader

JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Ms.Abirami, learned counsel for the appellants and Mr.A.Edwin Prabhakar, learned State Government Pleader for the respondents.

2. Learned counsel for the appellants submits that the proper forum for the appellants to agitate in respect of the ryotwari patta is the civil court and that the appellants would avail the said remedy.

3. Learned Single Judge in the penultimate paragraph has observed, "If still the petitioners assert that they are entitled to the subject property then the remedy is elsewhere and the same cannot be adjudicated

in a writ petition."

4. In view of the request made by learned counsel for the appellants, the writ appeal is disposed of. There shall be no order as to costs. Consequently, CMP No.1582 of 2021 is closed.

5. In case, remedy is available to the appellants, it is open for the appellants to avail the said remedy as may be permissible under law.

(S.V.G., CJ.) (D.B.C., J.) 15.02.2024 Index : Yes/No : Yes/No tar To 1.The Additional Chief Secretary, and Commissioner of land Administration, Chepauk, Chennai 600005 2.Director of Survey and Settlement, Survey House, Chennai 600005 3.The District Revenue Officer, Tiruvallur District 4.The Tahsildar, Gummidipondi Taluk, Tiruvallur District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 15.02.2024