P.Devaki v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and CMP.No.5620 of 2025 P.Devaki Appellant(s) Vs

1. The District Collector Chengalpattu District, Chengalpattu.

2.Thasildar, Thirukalukundram, Chengalpattu District.

3.Block Development Officer, Thirukalukundram Panchayat, Thirukalukundram Union, Chengalpattu District.

4.The President Vallipuram Panchayat Thirukalukunddram Taluk, Chengalpattu District.

5.The Village Administrative Officer, Vallipuram Village, Thirukalukunddram Taluk, Chengalpattu District.

Respondent(s) PRAYER Writ Appeal filed under Clause 15 of the Letters Patent Act, to allow this Writ Appeal and set aside the order passed in WP No.13735 of 2024 dated 19.08.2024.

For Appellant(s):

Mr.Charles Kamalesh M. Appaji For Respondent(s):

Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 to R5

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) The relief to establish civil rights relating to property is not entertainable by way of a writ proceedings under Article 226 of Constitution of India. 2.

Such civil rights are to be established with reference to the documents and evidences available on record and by conducting a trial nature proceedings. High Court in exercise of the powers of the Judicial review cannot conduct a roving enquiry to affirm the civil rights relating to property. This exactly is the reason why the High Courts are expected to be slow in entertaining such writ proceedings filed seeking relief relating to property

rights. Instead of filing a civil suit, the practice of filing writ petition is in ascending mode, which cannot be encouraged by the High Courts. If at all the appellant states that it is a Government land, which is assigned, then the documents are to be verified by the competent Authorities. If any encroachment of Government land is identified, then all such encroachments are liable to be evicted by following due procedures as contemplated under law. The nature of relief sought for in the writ petition before the writ court is not entertainable and thus, the learned single Judge has rightly dismissed the writ petition, which is in consonance with the legal principles established. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 12-03-2025 Veda Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chengalpattu District, Chengalpattu.

2.THASILDAR Thirukalukundram, Chengalpattu District.

3.Block Development Officer Thirukalukundram Panchayat, Thirukalukundram Union, Chengalpattu District.

4.The President Vallipuram Panchayat Thirukalukunddram Taluk, Chengalpattu District.

5.The Village Administrative Officer Vallipuram Village, Thirukalukunddram Taluk, Chengalpattu District.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

veda 12-03-2025