A.Maniyammai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.2180 of 2024 A.Maniyammai W/o.Annamalai ... Petitioner versus 1.The District Collector Collectorate Kallakurichi District.

2.The District Revenue Officer Office of the District Revenue Officer Kallakurichi.

3.The Revenue Divisional Officer Office of the Revenue Divisional Officer Kallakurichi.

4.The Tahsildar Taluk Office Sankarapuram Taluk.

Pg.Nos.1/5

5.A.Sivakumar S/o.Annamalai .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, restraining the respondents from modifications of revenue records in pursuant to Patta No.49 in the name of S.Annamalai, in respect of the property situated at S.F.No.142/2B, Manjappur Village, Sankarapuram Taluk, Kallakurichi District measuring an extent of 0-52.00 Hectare.

For Petitioner :

Mr.P.Saravanan For Respondent :

Mr.R.Vigneshwaran Government Advocate for R1 to R4

O R D E R

Mr.R.Vigneshwaran, learned Government Advocate accepts notice for respondents 1 to 4. Since this writ petition is being disposed of without passing any adverse orders against the fifth respondent, affecting his interest, notice to the fifth respondent is dispensed with. Pg.Nos.2/5

2. This writ petition has been filed seeking for issuance of a writ of mandamus, restraining the respondents from modification of revenue records pursuant to Patta No.49 in the name of S.Annamalai, in respect of the property situated at S.F.No.142/2B, Manjappur Village, Sankarapuram Taluk, Kallakurichi District measuring an extent of 0-52.00 Hectare.

3. Heard both sides.

4. The main grievance of the petitioner is that the fifth respondent is trying to modify the revenue records and get patta in his favour in respect of the subject property. Though the District Revenue Officer, Kallakurichi, has passed an order dated 22.03.2022 stating that in respect of the subject property, both the parties are directed to approach the Civil Court, the fifth respondent is disturbing the petitioner and interfering with her peaceful possession and enjoyment of the subject property.

5. Since the petitioner is having grievance against an individual and not against the Government, this writ petition is not maintainable. Pg.Nos.3/5

Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law as against the fifth respondent. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

01.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector Collectorate Kallakurichi District.

2.The District Revenue Officer Office of the District Revenue Officer Kallakurichi.

3.The Revenue Divisional Officer Office of the Revenue Divisional Officer Kallakurichi.

4.The Tahsildar Taluk Office Sankarapuram Taluk.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 01.02.2024 Pg.Nos.5/5