K.Alagirisamy v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.11.2019

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN WRIT PETITION NO.32901 OF 2019 K.Alagirisamy .. Petitioner /versus/ 1.

The District Collector, Kanchipuram District, Collectorate, Kanchipuram 631 501, Kanchipuram District.

2.

The Special Tahsildar, Land and Survey, having office at Kanchipuram Municipality, Annai Indira Gandhi Salai, Kanchipuram 631 501.

3.

N.Anandhavel Mudaliar 4.

A.Gengadara Mudaliar 5.

D.Saravana Mudaliar 6.

R.Kanniyappa Mudaliar 7.

M.Bommagiri Mudaliar 8.

P.Rajendiran 9.

G.Shanmuganandam .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 21.01.2019.

For Petitioner :Mr.R.Anbalagan For Respondents:Mr.N.Inbanathan, AGP for R1 and R2

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.Heard Mr.R.Anbalagan, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice for respondents 1 and 2. Perused the affidavit.

3.This writ petition has been filed seeking Mandamus to direct the second respondent to consider the petitioner's representation dated 21.01.2019.

4. The petitioner herein claims that the property in S.Nos.1811/1A1A, 1815/1A1A, 1816/1A1A1A1, 1819/1 and 1819/3A situated at Pillaiyarpalayam belongs to the family of five Streets viz., (i)Thiruvengamban Street, (2)Nadu Street, (3) Veeramagali Amman Koil Street, (4)Veeramagali Amman Koil Otravaadai Street and (5)Soleeswarar Street. Whereas, respondents 3 to 9 have alienated the property to various persons and nearly 200 documents were registered by the Sub Registrar Office, without verifying the parent deed. Though in the affidavit the petitioner alleges that the property under the above said survey numbers belongs to the family of five streets as mentioned above in Kanchipuram District, there is no revenue record to reflect the same.

5. In such circumstances, if there is any dispute regarding the title, it is always open to the petitioner herein to approach the civil Court. The prayer made in the writ petition is unsustainable. Hence, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ari To:

1.

The District Collector, Kanchipuram District, Collectorate, Kanchipuram 631 501, Kanchipuram District.

2.

The Special Tahsildar, Land and Survey, having office at Kanchipuram Municipality, Annai Indira Gandhi Salai, Kanchipuram 631 501.

+2cc to Mr.R.Anbalagan, Advocate, S.R.No.97873 +1cc to the Government Pleader, S.R.No.98423 W.P.No.32901 of 2019 AK(CO) CS/10/01/2020