Ramachandran S/O Rajalingam v. The Tahildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.11764 of 2017 Ramachandran .. Petitioner Vs.

1.The Tahsildar, Taluk Office, Kulithalai, Karur District.

2.The Revenue Divisional Officer, Kulithalai Sub Division, Kulithalai, Karur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to issue any patta to any individual for the property in survey No.46 of Porunthalur village, Kulithalai Taluk, Karur district which is used as a pathway for more than 22 years by the residents of Telungapatti hamlet Porunthalur village, Kulithali Taluk, Karur district considering petitioner's representations dated 22.12.2016 and 24.01.2017 given to the respondents 1 and 2 respectively.

For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is before this Court praying for a direction to the respondents not to issue patta to any individual for the property in survey No.46 of Porunthalur village, Kulithalai Taluk, Karur District which is used as a pathway for more than 22 years by the residents of Telungapatti hamlet Porunthalur village, Kulithali Taluk, Karur District, by considering the petitioner's representations dated 22.12.2016 and 24.01.2017. 2.In support of this contention, the petitioner has enclosed a sale deed dated 24.10.2013. From the said document one cannot ascertain the classification of any landed property. Unless the petitioner produces FMB sketch, it cannot be ascertained as to whether the land in question is a Odai or otherwise. In any event, this factual dispute cannot be adjudicated in the writ petition. Hence, the relief sought in the writ petition cannot be granted and therefore, the same is dismissed. However, the dismissal of https://hcservices.ecourts.gov.in/hcservices/

the writ petition will not prevent the petitioner once again to approach the respondents with relevant records along with a representation and if the same is done, the representation shall be considered in accordance with law. No costs. Sd/- Assistant Registrar(AD-II) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Tahsildar, Taluk Office, Kulithalai, Karur District.

2.The Revenue Divisional Officer, Kulithalai Sub Division, Kulithalai, Karur District.

+1cc to M/S.T.M.MADASAMY, Advocate SR.No.62473 +1cc to Special Government Pleader, SR.No.62696 mj MAS/JC/SAR2:06.07.2017:2P-5C W.P(MD)No.11764 of 2017 27.06.2017 https://hcservices.ecourts.gov.in/hcservices/