A.Mohamed Musthafa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 A.Mohamed Musthafa ... Petitioner Vs.

1. The District Collector Cuddalore Cuddalore District - 607 001

2. The District Revenue Officer Sub Collector and RDO Office Vridhachalam Main Road Vridhachalam- 606 001

3. The Tahsildar Vridhachalam Taluk Office Vridhachalam Taluk Cuddalore District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to inspect the Mulla Pond based on the representation dated 05.02.2024 of the petitioner, to inspect the said land comprising S.No.204 of the 'A' Register and OSR of the year 1892 (classified as "Thoppu") and the year 1932 'A' Register of 1/5

the said land (classified as "Mulla Lake/Eri") and change the classification as "Tharisu Land" and issue a patta to the petitioner's land within a stipulated time.

For Petitioner : M/s.T.Nithya for Mr.R.Vimal For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to inspect the Mulla Pond based on the petitioner's representation dated 05.02.2024, to inspect the said land comprising S.No.204 of the 'A' Register and OSR of the year 1892 (classified as "Thoppu") and the year 1932 'A' Register of the said land (classified as "Mulla Lake/Eri") and change the classification as "Tharisu Land" and issue a patta to the petitioner's land within a stipulated time.

2. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

3. Heard both sides and perused the materials available on record. 2/5

4. The petitioner seeks Patta for the subject land by changing its classification as Tharisu whereas, the petitioner himself has stated in his affidavit that the subject land is classified as Mulla Lake. Therefore, the petitioner is not entitled to the relief sought for.

5. If the petitioner wants to establish the title of the predecessor in title, the petitioner has to approach the Civil Court and not the Writ Court. The Writ Court cannot conduct a roving enquiry and cannot go into the depth of the title. The Civil Court is the competent forum to decide the title.

6. Accordingly, this Writ Petition is dismissed at the admission stage itself. No costs.

7. However, the petitioner is at liberty to work out his remedy before the Civil Court.

21.03.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The District Collector Cuddalore Cuddalore District - 607 001

2. The District Revenue Officer Sub Collector and RDO Office Vridhachalam Main Road Vridhachalam- 606 001

3. The Tahsildar Vridhachalam Taluk Office Vridhachalam Taluk Cuddalore District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 21.03.2024 5/5