Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Saravanan ...
Petitioner versus 1.The District Collector, Thiruvallur District, Thiruvallur.
2.The District Revenue Officer, Thiruvalur District, Thiruvallur 3.The Tahsildar, Uthukottai Taluk, Thiruvallur District.
4.The Commissioner, Land Administration, 2nd Floor, Ezhilagam, Chennai - 600 005.
...
Respondents [R-4 impleaded as per order dated 24.07.2024 in W.M.P.No.22001 of 2024 in W.P.No.16587 of 2024] Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider 1/5
the petitioner's representation dated 15.04.2024 to enter the petitioner's name in 'A' register in S.No.186/43B at Nambakkam Village, Uthukottai Taluk, Thiruvallur District.
For Petitioner :
Mr.M.Gnanasekar for M/s.T.Gnanabanu For Respondents :
Mr.U.Baranidaran Additional Government Pleader
O R D E R
This Writ Petition is filed to direct the respondents to consider the representation of the petitioner dated 15.04.2024. 2.
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.
3.
It is the case of the writ petitioner that he derived the title of the property by way of proceedings issued by the third respondent in Na.Ka.No.1179/2023/A1 dated 22.09.2003. The patta has been granted to the petitioner prior to the allotment and the petitioner ancestral was in possession. In this regard, the petitioner has given a representation. The third respondent passed an order to grant a patta in favour of the petitioner 2/5
in Survey No.186/43B measuring an extent of 00.120 sq.meters. However, the same has not been added in 'A' Register. Hence, he seeks a direction. 4.
The learned Additional Government Pleader for the respondents would submit that there is a suit pending between the parties and the subject land is in possession of their ancestral. 5.
In such view of the matter, the petitioner can establish the right in the concerned Court. As the serious dispute with regard to the right over the subject property is pending, the matter cannot be referred to the revenue authority. Let the parties agitate their rights in the Civil Court. Any mutation thereafter can be effected on the basis of the result of the civil suit. 6.
With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5
To 1.The District Collector, Thiruvallur District, Thiruvallur.
2.The District Revenue Officer, Thiruvalur District, Thiruvallur 3.The Tahsildar, Uthukottai Taluk, Thiruvallur District.
4.The Commissioner, Land Administration, 2nd Floor, Ezhilagam, Chennai - 600 005.
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N.SATHISH KUMAR , J.
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