P.Murugan v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Murugan

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Coimbatore.

2.Sub-Collector, Office of the Sub-Collector, Pollachi.

3.District Revenue Officer, Office of the District Collector, Coimbatore.

4.Tahsildar, Office of the Tahsildar, Pollachi.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to provide clarifications that the pattas issued in relation to the property comprised in S.F.No.93/A, Thippampatti, Pollachi Taluk, Pollachi measuring an extent of 0.55 cents are unconditional.

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For Petitioner : Mr.S.Venugopalraj For Respondents : Mr.C.Jayaprakash Government Advocate

ORDER

The relief sought for in the present writ petition is to direct the respondents to provide clarifications that the patta issued in relation to the property comprised in S.F.No.93/A, Thippampatti, Pollachi Taluk, Pollachi measuring an extent of 0.55 cents are unconditional.

2. Clarification as such sought for in the present writ petition cannot be issued by the competent authorities. The petitioner is raising doubt in respect of his own property and if he is willing to secure any information regarding the revenue records, then the petitioner is at liberty to get the information under the Right to Information Act.

3. However, the authorities cannot issue any clarification regarding the civil right of the petitioner. Such power has not been conferred on the revenue authorities and in the event of any such doubt or dispute, the petitioner has to approach the competent civil court of law for the purpose of 2/5

declaration of his title, ownership or otherwise. Contrarily, by seeking a clarification from the revenue authorities, the petitioner cannot claim any title, ownership or otherwise. If the petitioner cannot secure directly, it cannot be otherwise granted in an indirect manner. Thus, the petitioner is at liberty to approach the civil court of law or file an application under the Right to Information Act for securing any information regarding the revenue records or otherwise.

4. With these clarifications, the writ petition stands dismissed. No costs.

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To 1.The District Collector, Office of the District Collector, Coimbatore.

2.Sub-Collector, Office of the Sub-Collector, Pollachi.

3.District Revenue Officer, Office of the District Collector, Coimbatore.

4.Tahsildar, Office of the Tahsildar, Pollachi.

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S.M.SUBRAMANIAM, J.

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