Madras High CourtWP/5626/2025disposed of

G.Rathinavelu Subramani v. The Principal Secretary To Government Of Tamilnadu

2025-03-05Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.6209, 6211 & 6212 of 2025 G.Rathinavelu Subramani .. Petitioner Vs.

1.The Princpipal Secretary to Government of Tamilnadu, Secretariat, Fort St. George, Revenue Department, Chennai - 600 009.

2.The District Collector, Office of the Collectorate, Chengalpattu.

3.The District Revenue Officer, Office of the DRO, Chengalpattu.

4.The Revenue Divisional Officer, Office of the RDO, Chengalpattu.

5.The Tahsildhar, Thirukazhukundram Taluk, Thirukazhukundram.

6.The Deputy Director of Town Planning, DTCP Office, Chengalpattu.

1/7

7.The Sub-Registrar, Thirukazhukundram.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that the sub-division made by the revenue authorities, especially the fifth respondent herein, without any iota of proof or documentation of partition among the joint owners or legal heirs of Schedule "C" Properties as to the larger extent of lands measuring Acres 31.45 Cents, comprised in Survey No.1/2A (ReSurvey No.15/1 Part), comprised in Survey No.13/1 - Re-Survey No.6 and Survey No.13/2-Re Survey No.6, situated in Narasankuppam Village, Thirukkazhukundram Taluk and Chengalpattu District is illegal. For Petitioner :

Mr.Jemmy Vasanth For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of declaration to declare that the sub division made by the revenue authorities and in particular by the 5th respondent in Survey Nos.1/2A(Re-Survey No.15/1 Part) Survey No.13/1 (Re-Survey No.6) and Survey No.13/2 (Re-Survey No.6) situated in Narasankuppam Village, Thirukkazhukundram Taluk and Chengalpattu District as illegal.

2/7

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.The learned counsel for the petitioner submitted that the order passed by the DRO dated 08.12.2014 has become final and even thereafter the revenue officials, did not correct / rectify / modify the revenue records and hence an application was submitted before the District Collector Chengalpattu. This application was forwarded to the DRO and he in turn gave a reply confirming the earlier order. The further action was not taken since W.P.No.2948 of 2015 filed by one Arumainathan against the petitioner was pending. This writ petition was dismissed by an order dated 11.07.2023. After the dismissal of the writ petition, the District Collector through proceedings dated 08.09.2023 reiterated that the decision taken by DRO is final and it will be acted upon.

4.In the considered view of this Court, if the order passed by the DRO, Kancheepuram is a favourable order and the District Collector has made it clear in his proceedings dated 08.09.2023 that the order passed 3/7

by the DRO will stand restored and will be operational, the petitioner cannot have any grievance and the petitioner has to only work out the remedy as was directed by the DRO through proceedings dated 08.12.2014. Hence, it is left open to the petitioner to work out his remedy before the respondents by relying upon the order passed by the DRO, Kancheepuram, dated 08.12.2014. Except giving this clarity, no further orders can be passed in this writ petition.

5.Accordingly, this Writ Petition is disposed of in the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.

05.03.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Princpipal Secretary to Government of Tamilnadu, Secretariat, Fort St. George, Revenue Department, 4/7

Chennai - 600 009.