S.Ramalingam v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2019

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.14385 of 2019 and W.M.P. Nos. 14423 & 14424 of 2019 S.Ramalingam

...Petitioner

Versus

1. The District Revenue Officer, O/o. the District Revenue Officer, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kallakurichi Town & Taluk,

3. The Tahsildar, O/o. The Tahsildar, Kallakurichi Taluk,

4. B.Azhagiri Raja

5. B.Selvarangaraj

6. S.Nagalakshmi

7. S.Babuji

8. S.Bhuvaneswari

...Respondents

Prayer : Petition under Article 226 of the Constitution of India, praying to issue a Writ of certiorari mandamus to call for the entire records connected with the impugned proceedings of the 2nd Respondent in Ni.Mu.A4/6913/2014 dated 24.04.2018, its confirmation proceedings of the 1st respondent in Pa.Mu.Aa3/13512/2018 dated 10.04.2019 and quash the same as illegal, ultra vires and without jurisdiction, consequently directing the 1st and 2nd Respondents to restore the pattas stand in the name of the petitioner being patta Nos.560 and 1198.

For Petitioner :: M/s. G.Balamanikandan For Respondents :: Mr.D.Suryanarayanan, Additional Government Pleader.

ORDER

The writ petition has been filed seeking a writ of certiorarified mandamus to call for the records of the second respondent dated 24.04.2018 in confirmation of the proceedings of the first respondent dated 10.04.2019 and quash the same.

2. By the proceedings dated 10.04.2019, the District Revenue Officer had passed an order with respect to grant of patta to the petitioner vis-a-vis the 4th to 8th respondents. Even in the said order, it had been stated that the petitioner can challenge the impugned order before the Civil Court. The matter is purely a civil dispute between the petitioner and the 4th to 8th respondents. The dispute is with respect to title. When the petitioner claims that the sale deed is in his name and he is in possession, to protect his possession/title, he has to approach the Civil Court for necessary relief. This court, in writ jurisdiction, cannot decide the title/possession of the parties.

3. The Writ Petition is disposed of with the above observations. No order as to costs. Consequently connected miscellaneous petitions are closed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar sli/dsa To

1. The District Revenue Officer, O/o. the District Revenue Officer, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kallakurichi Town & Taluk,

3. The Tahsildar, O/o. The Tahsildar, Kallakurichi Taluk, +1 cc to Mr.G.Balamanikandan, Advocate, S.R.No.44069 +1 cc to the Government Pleader, S.R.No.44116 W.P.No.14385 of 2019 and W.M.P. Nos. 14423 & 14424 of 2019 NA(CO) SSM(24/05/2019)