Kasthuri Kailash Pande v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and CMP.No.7515 of 2025

1. Kasthuri Kailash Pande W/o Mr. Kailash Pande, Flat G2, Platinum pride Apartment Street No. 28 HMT Swarnapuri colony Miyapur, hyderabad Telangana 500 049 Appellant(s) Vs

1. The Collector Chennai District, George Town, Chennai 2.The Revenue Divisional Officer South Chennai Revenue Division Guindy, Chennai 600 032 3.The Tahsildar Alandur Taluk Alandur Chennai 600 016

4.Devi No. 29 Ammaiyappan street Royapettah, Chennai 600 014 Respondent(s) PRAYER To set aside the order dated 06.11.2024 in WP No. 4898 of 2023. For Appellant(s):

Mr.C. Umashankar For Respondent(s):

Mr. Vadivelu Deenadayalan Additional Government Pleader for R1-3

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.) The order of the Revenue Divisional Officer dated 02.06.2022 has been challenged by way of a writ proceedings by the appellant. 2.

The Writ Court found that the dispute is relating to receiving of compensation for the lands acquired by the Government and regarding the other properties belonging to the deceased person.

3.

The Writ Court found that dispute of civil nature cannot be adjudicated and the civil rights of the parties ought to be determined by the competent Civil Court based on the documents and evidences available on record.

4.

Once the Writ Court formed an opinion that the nature of disputes is to determine the civil rights between the parties, and the Land Acquisition Officer may not be in a position to decide such civil rights between the parties, the parties are relegated to approach the competent Civil Court of law. Disputed facts cannot be adjudicated in a writ proceeding. Thus, the Writ Court has rightly relegated the parties to resolve the issues through civil Court of law. 5.

Thus, this Court do not find an infirmity in the order dated 06.11.2024 in WP No. 4898 of 2023. With the above observations, the Writ Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petitions is closed.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 27-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Collector Chennai District, George Town, Chennai 2.The Revenue Divisional Officer South Chennai Revenue Division Guindy, Chennai 600 032 3.The Tahsildar Alandur Taluk Alandur chennai 600 016 4.Devi No. 29 Ammaiyappan street Royapettah, Chennai 600 014

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 27-03-2025