Sekar.V v. The Thasildhar

W.P.(MD)No.532 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.532 of 2021 V.Sekar ... Petitioner - Vs - The Tahsildar, Madurai West, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to effect changes in the Town Survey Register pertaining to the property comprised in R.S.No.120/2B to an extent of 7 cents, situated at Ponmeni Village, Madurai District deleting the name of "Bhaskaran" and including either the name of the petitioner wife "Vasanthi" or petitioner name "V.Sekar" in consonance with the sale deed dated 02.07.1992 vide document No.1477/1992 on the basis of the petitioner representation dated 21.02.2020.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.M.Karuppasamy Additional Government Pleader ***

ORDER

According to the petitioner, his wife one Vasanthi was the owner of the property in Survey No.120/2B to an extent of 7 cents. According to him, after she became the owner of the property, necessary mutation has not been carried out in the revenue records. The deed of sale was effected in 1992 and they have been in possession of the property. His wife appears to have died on 01.03.2010 and the petitioner being the husband has become the heir to the property along with the children.

2.When the petitioner attempted to change the revenue entries in his name, he learnt that one another person's name viz., Bhaskaran was found in the revenue records instead of his wife's name Vasanthi in respect of the title to the property in question. Immediately, the petitioner had chosen to approach the respondent to effect necessary change in the Town Planning Register by deleting the name of the said Bhaskaran and substitute the same with his name. In this regard, the petitioner appears to have been submitted a representation on 20.02.2020 in person. Since no action has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.532 of 2021 forthcoming from the respondent, the petitioner is before this Court.

3.The petitioner cannot seek a simple innocuous direction from this Court to dispose of his representation and no such direction could ever be issued at the instance of the interested party on the basis of self-serving averments of the petitioner to direct the revenue authorities to act in a particular manner, particularly, in respect of grant of title to the properties.

4.It is always possible that if any such direction is issued by this Court, the same may be misused by the party for his own illegitimate advantage and to serve his own improper claims. It is always open to the petitioner to pursue his remedy before the authority and in case, no action has been taken, it is open to the petitioner to resort to appropriate remedy before the Civil Court to establish his title to the property and certainly it is not open him to invoke the extraordinary jurisdiction of this Court. 5.It is trite law that in matters of title dispute, this Court cannot venture into the factual areas of the controversy and give any finding. Instead of seeking remedy before the appropriate civil forum, the petitioner is only attempting to bark upon a wrong tree. 6.In that view of the matter, this Court finds that the Writ Petition is not maintainable. Therefore, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) SRM To The Tahsildar, Madurai West, Madurai District.

+1 CC to SPL GP ( SR-1362[F] dated 20/01/2021 ) W.P(MD)No.532 of 2021 19.01.2021 VB (04.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2