M.Chandrasekar, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-04-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Chandrasekare ... Petitioner Vs.

1.The Superintendent of Police, Anti Land Grabbing Cell, Krishnagiri.

2.The Inspector of Police, Krishnagiri.

3.The Tahsildar, Office of the Tahsildar, Krishnagiri.

4.Mr.Babu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to inspect, survey and submit a report to the first respondent as to who is the owner and in whose possession the land is at present in respect of a piece of

land measuring 2400 sq. ft., comprised in S.No.202 forming part of larger extent of land measuring 7.92 acres in Paiyanappalli Village, Krishnagiri Taluk and District.

For Petitioner : Mr.M.Baskaran For Respondents-1 to 3 : Mr.S.Ravichandran, Additional Government Pleader.

For Respondent-4 : Notice returned

O R D E R

The relief sought for in the present writ petition is to direct the third respondent to inspect, survey and submit a report to the first respondent as to who is the owner and in whose possession the land is at present in respect of a piece of land measuring 2400 sq. ft., comprised in S.No.202 forming part of larger extent of land measuring 7.92 acres in Paiyanappalli Village, Krishnagiri Taluk and District.

2. The very relief as such sought for in the present writ petition is misconceived. The civil dispute between the parties which is to be adjudicated before the Competent Civil Court of Law. The Tahsildar is an incompetent person to determine, who is the owner of the property and the

possession is to be established in the manner known to law.

3. Therefore, the Tahsildar cannot submit a report regarding the ownership or title in respect of an immovable property. Thus to establish the case, the petitioner has to approach the Competent Civil Court of Law.

4. With the abovesaid observations, the writ petition stands dismissed. However, there shall be no order as to costs. 20-04-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn S.M.SUBRAMANIAM, J.

Svn To 1.The Superintendent of Police, Anti Land Grabbing Cell, Krishnagiri.

2.The Inspector of Police, Krishnagiri.

3.The Tahsildar, Office of the Tahsildar, Krishnagiri.

WP 30581 of 2014 20-04-2023