G. Ramaubramanian v. The Principal Secretary / Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Ramasubramanian ... Appellant/Petitioner -vs1.The Principal Secretary/ Commissioner, Commissioner of Archieves and Historical Research, No.50/51, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai-600 005.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar District.
5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
6.The Public Information Officer/PA to Collector, Virudhunagar District, Virudhunagar.
... Respondents/Respondents PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set aside the order, dated 16.12.2022 made in W.P.(MD)No.8564 of 2019 on the file of this Court.
For Appellant : Mr.S.M.Anantha Murugan For Respondents : Mr.M.Lingadurai Special Government Pleader
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.] This Writ Appeal is directed against the order of learned Single Judge dismissing the writ petition filed by the appellant in W.P.(MD)No.8564 of 2019, dated 16.12.2022, wherein, the appellant prayed for issuance of a Writ of Mandamus directing the respondents to provide copy of Adangal in Adangal No.7 and 9, Periyathikulam, Inam Chettikulam Village, Srivilliputhur Sub District, Ramnad District and to give details about this new survey numbers correlated to the land comprised in the said Adangal No.7 and 9.
2. The writ petition was dismissed by the learned Single Judge by recording the statement of the learned Special Government Pleader to the effect that the information sought for by the petitioner is not available with the respondents. It is also observed by the learned Single Judge that nonavailability of records due efflux of time cannot be found fault with.
3. The case of the appellant is that his title to a property by virtue of a document dated 08.07.1944 which in turn referred to his title deed dated 23.07.1907. From the description of the property, in 1944 document, this Court only finds an undivided 1/9th share of the purchaser, in certain water bodies like tank, bund, well and common pathway. There is no reference to any survey field. The document appears to be in respect of a village which is not surveyed. Even assuming that the reference is to Inam Adangal and reference to the property, the appellant who is unable to identify his land with reference to survey fields cannot seek information from the respondents who have come with a definite stand that they do not have the information required by the appellant. This Court finds that there is no document to prove the appellant's title or claim. In the absence of material records to show the appellant's right in respect of the specific land, the appellant cannot compel the respondents to give the correlation for the property which is described in
1944 document. Even this Court is unable to understand the description of the property with reference to any revenue records.
4. In such circumstances, the appeal is devoid of merits and the same is therefore, dismissed. No costs.
[S.S.S.R., J.] [D.B.C., J.] 07.09.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No sji To 1.The Principal Secretary/ Commissioner, Commissioner of Archieves and Historical Research, No.50/51, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Director, Survey and Settlement Department, Survey House, Chepauk, Chennai-600 005.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The Revenue Divisional Officer, Sivakasi Revenue Division,
Sivakasi, Virudhunagar District.
5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
6.The Public Information Officer/PA to Collector, Virudhunagar District, Virudhunagar.
S.S.SUNDAR , J.
and D.BHARATHA CHAKRAVARTHY , J.
sji and C.M.P.(MD)No.10981 of 2023 07.09.2023