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Madras High CourtWP/6733/2025disposed of

Sivasubramanian v. The District Collector

2025-02-28Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. SIVASUBRAMANIAN S/o Annamalai Rep By The Power Agent West Street Irumbulikurichi 621804 Sendurai Taluk Ariyalur District

2. KALYANASUNDARAM S/o Annamalai Rep By The Power Agent West Street Irumbulikurichi 621804 Sendurai Taluk Ariyalur District Petitioner(s) Vs

1. The District Collector Ariyalur District 621704 2.The Revenue Divisional Officer RDO Office Udayarpalayam Ariyalur District 621804 3.The Tahsildar Sendurai Taluk Ariyalur District 621714

4.The Block Development Officer Sendurai Sendurai Taluk Ariyalur District 621714 5.The Village President Irumbulikurichi Village Sendurai Taluk Ariyalur District 621714 6.The Zonal Joint Director Cooperative Society Tamilnadu Civil Supplies Corporation Department Ariyalur Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the classification of the land and transfer of land in Survey No.395/6 (old survey NO.339/2) measuring an extent of 0.01.23 Ares (3 cents) issued in impugned order Na.Ka.A1/7755-1/2023 dated 27.02.2024 by the 1st respondent in favour of the th respondent and quash the same as illegal and violation of natural justice and consequently direct the respondents 1 to 3 revenue authorities to restore the survey no.395/6 (old survey no.339/2) measuring to an extent of 0.01.23 Ares (3 cents) situated at West street, Irumbulikurichi Sendurai Taluk Ariyalur District as Grama Natham land in revenue records

For Petitioner(s):

USHA RAMMAN R.VENKATESULU D.E.ANISREE SANGAVI For Respondent(s):

P.Satish, Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings of the 1 st respondent dated 27.02.2024 and for a consequential direction to the respondent to restore the original survey number as a grama natham land in the revenue records.

2.

Heard Mrs.Usha Ramman, learned counsel for the petitioner and Mr.P.Satish, learned Additional Government Pleader for respondents. 3.

The petitioner had approached this Court and filed a writ petition in WP No.27091 of 2024 to forbear the respondent from constructing any ration shop / fair price shop in the grama natham land belonging to the petitioner. While dealing with this writ petition, this Court took into consideration the fact

that there was already a pending dispute in OS No.190 of 2024 before the Sub Court, Ariyalur, wherein the petitioner has sought for the relief of declaration of title and therefore, this Court directed the petitioner and another to work out the remedy in the Civil Court. The relevant portion of the order is extracted hereunder :-

5. The petitioners' contention is that the subject land is a natham land and they have purchased it as early as in the year 1981. These facts have to be established by letting in evidence, which the Writ Court cannot undertake. Therefore, these writ petitions are dismissed. The petitioners are directed to work out their remedy in the suit. It is needless to state that, the construction of the fair price shop will not give any advantage to the respondents and that apart, once the suit is decreed in favour of the petitioners, the building shall be demolished and the damages will not be mulcted on the petitioner. No costs. Consequently, the connected miscellaneous petition is closed. 4.

After the above order was passed, the present writ petition has been filed challenging the proceedings dated 27.02.2024 issued by the 1 st respondent.

The learned counsel for the petitioner submitted that this impugned order was produced before the Court only during the date of hearing and hence, the same

has been put to challenge in this writ petition since the petitioner is seeking for the reclassification of the land.

5.

In the considered view of this Court, the proceedings dated 27.02.2024 was available even when the earlier order was passed on 06.01.2025. Therefore, there is no question of entertaining one more writ petition challenging the proceedings dated 27.02.2024. If at all, the petitioner has any grievance, the petitioner can only file a review application in WP No.27091 of 2024 and seek for the appropriate relief. Except giving this clarity, no further orders can be passed in this writ petition. 6.

This writ petition is disposed of with the above directions. No costs.

28-02-2025 rka

To 1.The District Collector Ariyalur District 621704 2.The Revenue Divisional Officer Rdo Office Udayarpalayam Ariyalur District 621804 3.The Tahsildar Sendurai Taluk Ariyalur District 621714 4.The Block Development Officer Sendurai Sendurai Taluk Ariyalur District 621714 5.The Village President Irumbulikurichi Village Sendurai Taluk Ariyalur District 621714 6.The Zonal Joint Director Cooperative Society Tamilnadu Civil Supplies Corporation Department Ariyalur Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka 28-02-2025