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Madras High CourtWP/5714/2017disposed of

S.Vijayakumar, v. The Tahsildar,

2023-03-16Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.6098 & 16812 of 2017 S.Vijaya Kumar ... Petitioner Vs.

1.The Tahsildar, Vaniyambadi Taluk, Vaniyambadi, Vellore District.

2.Anandan 3.K.Sankara Gounder ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Pa.Mu. B1/ 6521/2016, dated 22.11.2016 and quash the same and consequently direct the 1st respondent to measure the land situated in S.No.343/5 to the extent of 0.07 acres and 0.98 acres in S.No.344 and S.No.343 to the extent of 0.89 acres and in S.No.348 to the extent of 0.35 acres at Marimanikuppam Revenue Village & Post, Vaniyambadi Taluk,

Vellore District as per the respective sale deeds and settlement. For Petitioner : Mrs.R.Hemalatha For Mr.C.Prakasam For R1 : Mr.Abishek Murthy Government Advocate For R2 : No Appearance For R3 : Mrs.V.Srimathi

O R D E R

The order impugned dated 22.11.2016 reveals that the grievance of the writ petitioner cannot be redressed by approaching the Tahsildar. Accordingly, the Tahsildar, Vaniyambadi Taluk has stated that the petitioner is at liberty to approach the Competent Court of Law for resdressal of his grievances.

2. This Court is of the considered opinion that the petitioner seeks relief in respect of immovable property belongs to him, such disputes cannot be adjudicated in a writ proceeding and the High Court cannot conduct a rowing enquiry in respect of the civil disputes.

3. However, the reasons stated in the impugned order are in consonance with the principles established. Thus, the petitioner is at liberty to approach the Competent Forum for the purpose of redressal of his grievances.

4. With this liberty, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 16.03.2023 Jeni Index : Yes Speaking order To The Tahsildar, Vaniyambadi Taluk, Vaniyambadi, Vellore District.

S.M.SUBRAMANIAM, J.

Jeni 16.03.2023