S.Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.29487 of 2023 S.Subramanian ... Petitioner Vs.

1. The District Collector, Chennai.

2. The Revenue Divisional Officer, South Chennai Region, Guindy, Chennai - 32.

3. The Tahsildar, Guindy Taluk, Chennai - 32. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner representation dated 30.05.2023 for rectifying the wrong entry made in Web Copy/ Certificate Extract from the Permanent Land Register in respect of old T.S.No.113/7, R.S.No.170 measuring an extent of 2480 sq.ft., Plot No.23 at Soolapandian Street, Guindy Taluk, Eekattuthangal Town, chennai District as Government Promboke Land and restore the land as private

land based on the manual copy of Extract from the Permanent/Town Survey Land Register by the third respondent dated 30.10.1990 with copy of Survey Plan within the stipulated time. For Petitioner : Mr.S.Venkatasubramaniyan For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

The writ petition has been filed to issue a Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 30.05.2023, to rectify the wrong entry made in Web Copy/ Certificate Extract from the Permanent Land Register in respect of old T.S.No.113/7, R.S.No.170 measuring an extent of 2480 sq.ft., Plot No.23 at Soolapandian Street, Guindy Taluk, Eekattuthangal Town, Chennai District as Government Promboke Land and restore the land as private land based on the manual copy of Extract from the Permanent/Town Survey Land Register by the third respondent dated 30.10.1990 with copy of Survey Plan.

2. It is the contention of the petitioner that he purchased the land in old T.S.No.113, R.S.No.170 measuring an extent of 2480 Sq.ft, Plot No.23 vide registered sale deed in Document No.342 of 1990 dated 16.02.1990. He approached the third respondent for issuance of patta for the abovesaid property. The third respondent issued the Web Copy/Certificate Extract from the permanent land register and in the said certificate, the petitioner's land was erroneously classified as "Government Poramboke" land. Hence, he made a representation on 30.05.2023 to the respondents requesting for rectification. Since the representation has not been considered till date, the petitioner has filed this Writ Petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. The petitioner purchased a land in Old T.S.No.113/7,Guindy Taluk, Eekattuthangal Town, vide registered sale deed in Document No.342 of 1990 dated 16.02.1990. The petitioner states that his land has

been wrongly classified as a Government Pramboke in the Web Copy/Certificate Extract from the permanent land register issued by the third respondent. Therefore, he has made a representation on 30.05.2023 requesting to rectify the wrong entry made in the web copy of Permanent Survey Land Register in respect of old T.S.No.113/7, Guindy Taluk.

5. The petitioner has not produced any document to show that his vendor has got right and title to convey the property to him. He has also not produced any document to show that patta stood in the name of his vendor. Unless the petitioner establishes that his vendor has got better title to convey the property to him, he is not entitled to get the relief as prayed for. The documents produced by the petitioner are not sufficient to grant the relief as sought for in the writ petition. Since the dispute is civil in nature, the petitioner has to establish his right and title through oral and documentary evidence by approaching to civil court and not by way of this writ petition.

6. In view of the above, the writ petition is dismissed. However, the petitioner is at liberty to workout his remedy in the manner known to law. No costs.

11.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Chennai.

2. The Revenue Divisional Officer, South Chennai Region, Guindy, Chennai - 32.

3. The Tahsildar, Guindy Taluk, Chennai - 32.

P.VELMURUGAN, J.

mfa W.P.No.29487 of 2023 11.10.2023