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Madras High CourtWA/1479/2023dismissed

T. Serfoji Raja v. The Principal Secretary And Commissioner Of Land Administration

2025-11-25Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No.

of 202 and C.M.P.No.

14355 & 25590 of 202 1.T.Serfoji Raja 2.T.Shivaji Raja T.Jayaraj Raja (Deceased) T.Sambaji Raja (Deceased) T.Veerendar Raja (Deceased) 3.Vijay Malojiraje Bhonsle 4.Dr.A.R.Anbarasan 5.J.Jaisheela 6.J.Deepak Raj 7.J.Anirutha Raja Bhonsle 8.S.Dhanashree 9.S.Subhanji Raja 10.V.Bhagyashree 11.V.Umamaheswari ...Appellants 1/7

Vs.

1.The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The Special Commissioner and Director of Survey and Settlement, Chepauk, Chennai - 600 005.

3.The Revenue Divisional Officer, Thanjavur.

4.The Tahsildar, Thanjavur.

5.The Assistant Settlement Officer, Pattukkottai, Thanjavur District.

Now at ASO/North Office of Director of Survey and Settlement, Chepuak, Chennai - 600 005.

G.Kulandai Savarimuthu (Deceased) 6.S.Savarimuthu James 7.Serva Siyush (Died) 8.Yesudoss 9.Joanaofar 10.A.Subramanian 11.Stalla Markirate 2/7

12.Savari Prakash [R7 (Died) is substituted by the respondents 11 and 12 as LRs of deceased R7 vide order dated 18.01.2023.]

...Respondents

PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 24.08.2022 made in W.P.No.34377 of 2012 and allow the Writ Appeal.

For Appellants : Mr.S.Kasirajan For Respondents : Mr.G.Masilamani, Senior Counsel for Mr.R.Thiagarajan, for R6, 8, 9, 11, 12 Mr.R.Ramanlaal, Addl. Advocate General Assisted by Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to 5 R7 - Died - steps taken R10 - No appearance *******

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The writ order dated 24.08.2022 made in W.P.No.34377 of 2012 is sought to be assailed under the present writ proceedings. 3/7

2. The writ Court considered the issues and made a finding that the dispute raised by the writ petitioners is of civil nature between the writ petitioners and the private respondents and accordingly relegated the writ petitioners to approach the competent civil Court of law against the private respondents.

3. The learned Senior Counsel appearing on behalf of the private respondents would submit that the patta in favour of the respondents were granted by the Assistant Settlement Officer, Pattukottai by proceedings dated 12.09.1961. After several decades the appellants/ writ petitioners filed application seeking cancellation of patta.

4. The learned counsel for the appellants would mainly contend that the 1961 patta granted is a forged document.

5. If at all any such allegations are raised by any person, the revenue Authorities competent are bound to examine the genuineness of the patta 4/7

granted in favour of the respondents by the Assistant Settlement Officer, Pattukottai dated 12.09.1961. It is needless to state that while examining the genuineness of the document, procedures contemplated under law is to be scrupulously followed by affording opportunity to all the parties. The disputes of civil nature cannot be entertained by the writ Court under Article 226 of the Constitution of India. Any attempt made to resolve the civil dispute in writ proceedings at any circumstances cannot be encouraged by the High Court. Since the writ Court has rightly relegated to approach the civil Court, this Court is not inclined to interfere with the order dated 24.08.2022 made in W.P.No.34377 of 2012.

6. Accordingly, this Writ Appeal stands dismissed. No costs.

Consequently, connected miscellaneous petitions stand closed. (S.M.S., J.) (M.S.Q., J.) 25.11.2025 5/7

dsa Index :Yes/No :Yes/No Speaking/Non-speaking order To 1.The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The Special Commissioner and Director of Survey and Settlement, Chepauk, Chennai - 600 005.

3.The Revenue Divisional Officer, Thanjavur.

4.The Tahsildar, Thanjavur.

5.The Assistant Settlement Officer, Pattukkottai, Thanjavur District.

Now at ASO/North Office of Director of Survey and Settlement, Chepuak, Chennai - 600 005.

6/7

S.M.SUBRAMANIAM, J.

and MOHAMMED SHAFFIQ, J.

dsa W.A.No. 1479 of 2023 25.11.2025 7/7