M.Kasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.10047 of 2025 M.Kasi S/o.Murugan, 3/1 Pudupakkam Village, Vandalur Taluk, Chengalpet District.
Petitioner Vs
1. The District Collector Chengalpet.
2.The District Revenue Officer Chengalpet.
3.The Revenue Divisional Officer Chengalpet.
4.The Tahsildar Vandalur Taluk, Vandalur, Chengalpet District.
5.The President No.41 Pudupakkam Village Panchayat, Pudupakkam, Pudupakkam Post, Vandalur Taluk, Chengalpet District.
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Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent herein and quash the same relating to his proceedings in Se.Mu.Na.Ka.14812/2022/Aa3 dated 31.12.2024 with regard to cancellation of the wrong entry as play ground in the revenue records and directing the respondents to issue patta to the petitioner. For Petitioner :
Mr.R.Chandrasekaran For Respondents :
Mr.P.Sathish Additional Government Pleader for R1 to R5 *****
O R D E R
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 31.12.2024 and for consequential direction to cancel the wrong entry made in the relevant records with respect to the subject property in S.No.62/4 and delete the entry 'playground' and issue patta in the name of the petitioner.
2. When the matter came up for hearing on 14.03.2025, this Court passed the following order:
'The impugned order has been passed by the 1st respondent mainly on the ground that the petitioner was claiming right and possession over the property situated at No.280, Thirukezhukundram Division, Pudupakkam Village and 2/6
whereas, the property that is now identified is situated at No.43, Vandalur Division, Pudupakkam Village in Survey No.63/4. The same is also evident from the A register that has been filed by the petitioner in the typed set of papers.
2. The learned counsel for the petitioner is placing reliance upon some revenue records to establish that both the properties are the same. The same shall be filed by way of additional typed set of papers.
3. Post this case at the end of the motion list on 19.03.2025.'
3. When the matter was taken up for hearing today, the learned counsel for petitioner relied upon additional typed set of papers filed before this Court. He submitted that the property was used for agricultural activities and whereas it has been wrongly classified as 'playground'.
4. In the considered view of this Court, the first respondent while passing the impugned proceedings has taken note of the fact that the petitioner did not possess even a single document of title and that apart, revenue entries show that the property has been classified as 'playground'. Hence, there is no illegality on the part of the first respondent in rejecting the application submitted by the petitioner seeking for issuance of patta.
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5. The learned counsel for the petitioner submitted that the petitioner is claiming possessory rights over the property. If that is the case, the petitioner has to establish his rights before the competent Civil Court and till such title is established, there is no question of issuing patta in the name of the petitioner.
6. In the light of the above discussion, impugned proceedings of the first respondent dated 31.12.2024 does not suffer from any illegality and it does not warrant interference by this Court. If the petitioner claims title to the property, he has to necessarily work out his remedy before the competent Civil Court.
This Writ Petition is disposed of with the above observations. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
25.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To
1. The District Collector 4/6
Chengalpet.
2.The District Revenue Officer Chengalpet.
3.The Revenue Divisional Officer Chengalpet.
4.The Tahsildar Vandalur Taluk, Vandalur, Chengalpet District.
5.The President No.41 Pudupakkam Village Panchayat, Pudupakkam, Pudupakkam Post, Vandalur Taluk, Chengalpet District.
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N.ANAND VENKATESH, J mk 25.03.2025 6/6