N.Srivatsaram v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and CMP.No.12974 of 2021

1. Mr.N.Srivatsaram

2. Mrs.N.Supriya ... Appellants Vs.

1. The Tahsildar/ Record of Tenancy Rights Officer, Cuddalore-607 001.

2. The Revenue Inspector, Manjakuppam Circle, Cuddalore-607 001.

3. The Village Administrative Officer, Nathapattu Village, Cuddalore-607 109.

4. Mr.Selvaraj ... Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 04.06.2021 passed in W.P.No.11068 of 2021. 1/4

For Appellants : Mr.R.Gururaj For Respondents : Mr.Mr.T.Chandrasekaran Special Government Pleader for R1 to R3 R4-No Appearance *****

J U D G M E N T

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The Writ Order dated 04.06.2021 passed in WP.No.11068 of 2021 is under challenge in the present Writ Appeal. The Writ petitioners are the appellants before us. The writ petition was filed challenging the Memo dated 11.02.2021 issued by the Revenue Tahsildar, Cuddalore asking the Revenue Inspector to conduct an enquiry and submit a report under the provisions of The Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969. Such a Memo issued by the Tahsildar asking the Revenue Inspector to conduct an enquiry would not provide a cause for instituting the writ proceedings. The learned Single Judge has considered the facts in a right perspective and held that the affidavit filed by the appellants before the Writ Court contained several disjointed facts, which cannot be adjudicated by the High Court under Article 226 of The Constitution of India. Disputed facts cannot be adjudicated before the Writ Court and to be adjudicated before the 2/4

forum concerned based on the documents and evidence available on record. Thus, we do not find any infirmity in respect of the order passed by the Writ Court. However, the parties are at liberty to work out their remedy in the manner known to law.

2. With the above observations, the Writ order dated 04.06.2021 passed in WP.No.11068 of 2021 stands confirmed and consequently, the Writ Appeal is dismissed. No costs. Consequently, connected CMP is also closed.

[S.M.S., J.] [C.K., J.] 05.06.2024 kmi Index : Yes Speaking order : Yes To

1. The Tahsildar/ Record of Tenancy Rights Officer, Cuddalore-607 001.

2. The Revenue Inspector, Manjakuppam Circle, Cuddalore-607 001.

3. The Village Administrative Officer, Nathapattu Village, Cuddalore-607 109.

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S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

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