G.M.Balachandran v. The District Collector.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.13308 of 2021 and WMP.No.14134 of 2021 G.M.Balachandran

...Petitioner

Vs.

1. The District Collector, Office of the Collectorate, Myladuthurai District.

2. The Revenue Divisional Officer, Sirkali, Myladuthurai District.

3. The Special Deputy Collector cum Lease rights appellate officer, Revenue Court, Myladuthurai District.

4. The Registration officer cum the Tahsiladar, Officer for registration of lease rights for Sirkali Taluk Myladuthurai District.

5. Mr.Ramachandran

6. Mrs.A.Ponnalagammai

7. Cidambara Chetttiyar

8. Mr.Somasundaram Chetttiyar

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the reord relating to the impugned order passed by the third respondent in Ku.Uo.Pa.Me.Mu case 1/4

No.05/2013 dated 29.06.2020 and the consequential order of the fourth respondent in Mu.Mu.2440/2020/Aa2 dated 21.10.2020 and quash the same and consequently direct the fourth respondent to restore the name of the petitioner in the revenue records as a lessee. For Petitioner : Mr.S.Arokiamaniraj For R1 to R4 : Mr.S.Balamurugan, Government Advocate For R5 : Mr.A.Mohamed Ismail

O R D E R

The writ petition is filed challenging the order passed by the appellate authority under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act. Against the impugned order, the petitioner has got revisional remedy before the District Revenue Officer. The impugned order would suggest that the dispute involved in this writ petition pertains to the validity of surrender document executed by one Madasamy in favour of the sixth respondent. The writ Court can not go into the disputed question of facts. Therefore, the petitioner is directed to avail alternative remedy before District Revenue Officer.

2. Therefore, this writ petition is dismissed with liberty to the petitioner 2/4

to file a revision before the District Revenue Officer. The petitioner is entitled to exclude the time taken by him in prosecuting the writ petition before this Court (i.e. 20.02.2021 to date of receipt of copy of this order). No costs. Consequently, connected miscellaneous petition is closed. 05.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The District Collector, Office of the Collectorate, Myladuthurai District.

2. The Revenue Divisional Officer, Sirkali, Myladuthurai District.

3. The Special Deputy Collector cum Lease rights appellate officer, Revenue Court, Myladuthurai District.

4. The Registration officer cum the Tahsiladar, Officer for registration of lease rights for Sirkali Taluk Myladuthurai District.

3/4

S. SOUNTHAR, J.

av W.P No.13308 of 2021 05.11.2024 4/4