Pappayee v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pappayee ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Thasildar, Taluk Office, Manmangalam Taluk, Karur District.

3.A.Periyasamy ... Respondents (R3 is impleaded vide order dated 04.12.2019 in W.M.P.(MD)No.8637 of 2017 in W.P.(MD)No.5739 of 2015 by SSSRJ).

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Na.Ka.A2/1542/2015 dated 11.03.2015 on the file of the 2nd respondent herein and quash the same and consequently directing the 2nd respondent to include the name 1/4

of the petitioner in the common patta numbers 3645, 3402, 3642, 2208 and 3317 in the Aathur Village, Manmangalam Taluk, Karur District. For Petitioner : No appearance For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader for R1 & R2.

Mr.E.K.Kumaresan for R3.

ORDER

None appears for the writ petitioner. It is stated by the learned counsel for the third respondent that the petitioner is no more. 2.I went through the averments set out in the affidavit filed in support of the writ petition. The property originally belonged to one Ammaiappan. Ammaiappan is none other than the father of the writ petitioner. Ammaiappan died way back in the year 1964. It is stated that after his demise, in the revenue record, the names of his sons were entered. The learned counsel for the third respondent also states that the third respondent has been in possession even since. If the petitioner is 2/4

having any grievance, she could have gone before the jurisdictional Civil Court for appropriate relief. The revenue authority cannot grant relief in such cases. I make it clear that I have only held that the relief has to be obtained only before the jurisdictional Civil Court. 3.Granting such liberty to the legal heirs of the writ petitioner, this writ petition is dismissed. No costs.

09.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Karur District, Karur.

2.The Thasildar, Taluk Office, Manmangalam Taluk, Karur District.

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G.R.SWAMINATHAN, J.

ias 09.08.2023 4/4