Revanasidhappa Siddappa v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Shri.Revanasidhappa Siddappa ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The District Collector, Krishnagiri Collectorate, Krishnagiri District - 635 001.
3.The District Revenue Officer, District of Krishnagiri, Krishnagiri - 635 001.
4.The Tahsildar, Schoolagiri Taluk Office, Schoolagiri, Krishnagiri District - 635 117.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation through counsel dated 05.04.2022 within the
stipulated time and consequently direct the Respondents to conduct a time bound enquiry into the matter of the online Patta and other Revenue documents in the website of Department of Survey and Settlement of Tamil Nadu being wrongly issued during the UDR survey conducted in the year 1984 - 1985, for the land bearing Survey No.283/3H, measuring 25 cents, situated at Athimugham Panchayat, Shoolagiri Taluk, Krishnagiri District, Tamil Nadu.
For Petitioner : Ms.Amritha Jayaprakesh For R1 to R4 : Mr.E.Sundaram Government Advocate
O R D E R
The relief sought for by the petitioner is to direct the 3rd respondent to consider the petitioner's representation through counsel dated 05.04.2022 within the stipulated time and consequently, direct the respondents to conduct a time bound enquiry into the matter of the online Patta and other Revenue documents in the website of Department of Survey and Settlement of Tamil Nadu being wrongly issued during the UDR survey conducted in the year 1984 - 1985, for the land bearing Survey No.283/3H, measuring 25 cents, situated at Athimugham Panchayat, Shoolagiri Taluk, Krishnagiri District, Tamil Nadu.
2. The petitioner states that his father Late Shri.Sidhappa was the absolute owner and was in possession of the land bearing Survey No.283/3H, measuring 25 cents, situated at Athimugam Panchayat, Shoolagiri Taluk, Krishnagiri District. The petitioner states that it is his ancestral property and his name has been recorded in the 'A' Register and Patta/Chitta of Athimugam Village. The petitioner made an application to secure online patta from the website of Survey and Settlement of Department of Tamil Nadu. During verification process for acquiring lands, such application was submitted by the petitioner for patta.
3. The petitioner found that the entries have been changed in the revenue records and the property belonging to the petitioner was converted as Government land. Thus, the petitioner submitted a representation for conducting an enquiry, with reference to the entries made in the revenue records shows that, it is a Government land. Since no action was taken by the authorities, the present writ petition has been filed.
4. The learned Government Advocate appearing on behalf of the respondents contented by stating that the revenue records indicates that the subject land is the Government land. That being the factum, the petitioner has to establish his title in the manner known to law.
5. However, by directing the respondents to dispose of the representation in such nature of cases, it would do no service to the cause of justice. The litigants will be back again by filing another writ petition before this Court. The issue of civil nature are to be adjudicated before the Competent Civil Court of Law and with reference to the documents available on record.
6. In the present case, the petitioner claimed that he is the absolute owner of the subject property. The revenue records reveal that the subject property is the Government land. That being factum, the petitioner has to establish his title or ownership by approaching the Competent Civil Court of Law based on the documents and evidences. Therefore, the relief as such sought for in the present writ petition deserves no merit consideration.
7. Accordingly, the writ petition stands dismissed. No costs. 30.08.2023 rjr/jeni Index : Yes Speaking order To 1.The Principal Secretary to Government, The State of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.
2.The District Collector, Krishnagiri Collectorate, Krishnagiri District - 635 001.
3.The District Revenue Officer, District of Krishnagiri, Krishnagiri - 635 001.
4.The Tahsildar, Schoolagiri Taluk Office, Schoolagiri, Krishnagiri District - 635 117.
S.M.SUBRAMANIAM, J.
rjr/jeni 30.08.2023