Kathirvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA and W.M.P.No.19656 of 2020 Kathirvel .. Petitioner vs

1. The District Collector, Kallakurichi.

2. The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi.

3. The Deputy Superintendent of Police, Tirukoilur, Kallakurichi District.

4. The Thasildhar, Sankarapuram, Kallakurichi District.

5. Balakrishnan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1, 2 and 4 to pass appropriate orders of correction of revenue records in respect of Survey No.27/0 (classified originally as water body poromboke) at Mallapuram village, Sankarapuram Taluk, Kallakurichi District and also

thereby cancel the patta issued in respect of the above property in the name of the 5th respondent on the basis of the representation submitted by the petitioner on 14.9.2020 and thereby restore the above said property as originally stood in the revenue records and also forbear the respondents from preventing the petitioner and others to have access through the above said water body poromboke pathway to reach Aavikara Muniyappam temple.

For the Petitioner :

Mr.N.Suresh For the Respondents :

Mr.P.Muthukumar State Govt. Pleader assisted by Mr.K.M.D.Mugilan, Govt. Advocate for RR 1 to 4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the respondents for a correction of entry in the revenue records and also to challenge the patta issued in favour of the private respondent. The remedy for it is available before the Revenue Divisional Officer, but without availing the aforesaid remedy, the writ petition has been filed.

In view of the above, the writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before the Revenue Divisional Officer. No costs. Consequently, W.M.P.No.19656 of 2020 is also dismissed.

(M.N.B., CJ.) (N.M., J.) 06.07.2022 Index : Yes/No sra To:

1. The District Collector, Kallakurichi.

2. The Revenue Divisional Officer, Kallakurichi Division, Kallakurichi.

3. The Deputy Superintendent of Police, Tirukoilur, Kallakurichi District.

4. The Thasildhar, Sankarapuram, Kallakurichi District.

M.N.Bhandari, CJ.

and N.Mala, J.

(sra) 06.07.2022