P.J.Kalyanaraman v. The Dist.Collector

2025:MHC:389

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE C. KUMARAPPAN Writ Appeal No.327 of 2025 P.J.Kalyanaraman .. Appellant 1.The District Collector, Salem District, Salem.

2.The Superintendent of Police, Salem.

3.The District Registrar, Salem West, Collectorate Campus, Salem - 636 001.

4.J.Varadarajan .. Respondents Prayer : APPEAL filed under Clause 15 of the Letters Patent against order dated 06.08.2024 passed in W.P.No.21693 of 2024 on the file of this Court.

For Appellant :

Mr.P.Wesley Isaac 1/4

JUDGMENT

(Delivered by Dr.ANITA SUMANTH.,J) The appellant is the writ petitioner. He had filed WP.No.21693 of 2024 seeking a mandamus directing the District Collector, Salem to consider the petitioner's representation dated 07.10.2023 within a fixed time frame.

2.The writ Court vide impugned order dated 06.08.2024 dismissed the writ petition on the ground that the representation relating to the property in Salem West Regional District, Suramangalam Sub Registration District, Arya Goundampatti Village, S.No.32/7, 32/8, 32/9 now in Salem District, Salem West Circle, Salem Town Ward P-Block 0002, S.No.2/0, 7/1. 7/2 ('subject property') has been filed on the mere apprehension that R4 in writ petition may approach the authorities seeking transfer of patta. 3.We have perused representation dated 07.10.2023 and find that the petitioner stakes a claim therein in respect of the subject property. We are of the considered view that such claims cannot be entertained or considered by way of a representation and if at all the petitioner claims any right over the subject property, it is for him to move the appropriate Courts and seek appropriate measures. Hence, the finding of the writ Court to the effect that the representation of the petitioner is filed in mere 2/4

apprehension is unassailable. In this view of the matter, we concur with the view expressed by the learned single Judge in its order dated 06.08.2024 in dismissing the writ petition. This writ appeal is also dismissed.

[A.S.M., J] [C.K., J] 07.02.2025 Index:No Speaking order To 1.The District Collector, Salem District, Salem.

2.The Superintendent of Police, Salem.

3.The District Registrar, Salem West, Collectorate Campus, Salem - 636 001.

3/4

DR. ANITA SUMANTH,J.

and C. KUMARAPPAN.,J Writ Appeal No.327 of 2025 07.02.2025 4/4