Kalarani. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.2119 and 2120 of 2023 R.Kalarani ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent in Na.Ka.Aa2/ 36818/2021 dated 26.05.2022 and quash the same as arbitrary and consequently forbearing the respondents from mutating or reclassifying the land in old Survey No.364/4, new survey No.168/4 situated at Olaiyur Village, Srirangam Taluk, Trichy District in favour of any authority or body.

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For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.M.Lingadurai, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner claims ownership over the petition mentioned lands. However, her request was rejected by the first respondent. Challenging the same, the present writ petition has been filed. 3.I am of the view that the petitioner has to necessarily file a declaration suit before the jurisdictional Civil Court. She can also seek for consequential relief of injunction. No doubt, the petitioner has a registered sale deed in her favour. But the title of the petitioner's vendor is not all that clear. No revenue record has been produced before this Court. That is why, I am relegating the writ petitioner to go before the jurisdictional Civil Court. The petitioner through her counsel states that she will file such a suit within a period of two weeks from today. If the plaint is in order and if the requisite Court fee is paid, 2/4

the Court below shall number the same and give a disposal to the interim application as expeditiously as possible on merits and in accordance with law. The respondents shall maintain the status quo that is obtaining as on date. I make it clear that I have not gone into the merits of the petitioner's case. 4.With this liberty to the petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 06.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 09.02.2023.

To:

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.

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G.R.SWAMINATHAN, J.

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