T.Venkatesan, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.25929 of 2016 1.T.Venkatesan 2.Ramasamy 3.Thirupathi 4.Lakshmi 5.Thirupathi 6.Kaliyammal ... Petitioners Vs.

1.The Secretary Adi Dravida Tribal Welfare Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2.The Director Adi Dravida Tribal Welfare Department Chapauk, Chennai - 600 005.

3.The District Collector Thiruvannamalai District

4.The Revenue Divisional Officer O/o. Revenue Divisional Office 5.The Thasildar Kalasapakkam Taluk Office Kalasapakkam, Thiruvannamalai District.

6.The Revenue Inspector Kettavarayapalayam Kalasapakkam Taluk Thiruvannamalai District.

7.The Village Administrative Officer (Kovilur Madura) Jamunamathur Kalasapakkam Taluk Thiruvannamalai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents not to interfere with the possession and enjoyment of the petitioners agricultural lands situate at Attiyanur Village, Jamunamarthur Panchayat Union, Kalasapakkam Taluk, Thiruvannamalai District bearing Survey No.540/1B, 540/2A, 533/1F to an extent of 6 acres without due process of law. For Petitioners : No Appearance For Respondents : Mr.Abishek Murthy Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondents not to interfere with the possession and enjoyment of the petitioners agricultural lands situated at Attiyanur Village, Jamunamarthur Panchayat Union, Kalasapakkam Taluk, Thiruvannamalai District bearing Survey No.540/1B, 540/2A, 533/1F to an extent of 6 acres.

2. The relief as such sought for is absolutely misconceived. In respect of the relief, the petitioners have to establish his civil right in respect of the subject property. Such an adjudication cannot be undertaken in a writ proceeding under Article 226 of the Constitution of India. Thus, it is open to the petitioners to approach the Competent Civil Court of Law for the purpose of establishing his title or ownership.

3. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 27.04.2023 Jeni Index : Yes Speaking order

To 1.The Secretary Adi Dravida Tribal Welfare Department Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2.The Director Adi Dravida Tribal Welfare Department Chapauk, Chennai - 600 005.

3.The District Collector Thiruvannamalai District 4.The Revenue Divisional Officer O/o. Revenue Divisional Office 5.The Thasildar Kalasapakkam Taluk Office Kalasapakkam, Thiruvannamalai District.

6.The Revenue Inspector Kettavarayapalayam Kalasapakkam Taluk Thiruvannamalai District.

7.The Village Administrative Officer (Kovilur Madura) Jamunamathur Kalasapakkam Taluk Thiruvannamalai District.

S.M.SUBRAMANIAM, J.

Jeni 27.04.2023