S.Srinithi vs State Of Tamil Nadu
2021 Latest Caselaw 13595 Mad

                                                                              W.A.No.540 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 08.07.2021

                                                     CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA
                                                    AND
                                   THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                W.A.No.540 of 2016

                     P.Parvathi (Deceased)
                     1. S.Srinithi
                     2. A.Lakshmi
                     3. S.Saraswathy
                     4. P.Nandhini
                     5. Minor P.Nethra rep.by her
                        mother and natural guardian P.Nandhini
                     6. S.Venkatasubramanian                   ..    Appellants

                                                        -vs-

                     1. State of Tamil Nadu
                        rep.by the Secretary to Government
                        Revenue Department, Secretariat,
                        Fort St.George
                        Chennai 600 009

                     2. The Tahsildar
                        Mylapore-Triplicane Taluk
                        Mylapore
                        Chennai 600 004

                     3. M/s Kalakshetra Foundation
                        Kalakshetra Road
                        Besant Nagar
                        Chennai 600 090

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                                                                                          W.A.No.540 of 2016

                     4. The Union of India
                        rep by the Secretary to Government
                        Ministry of Culture
                        New Delhi 110 001                               ..     Respondents

                           Appeal filed under Clause 15 of the Letters Patent, against the order
                     dated 20.07.2012 made in W.P.No.36902 of 2007.

                                     For Appellants              ::     Mr.R.Parthasarathy

                                     For Respondents             ::     Mr.T.Arunkumar
                                                                        Government Advocate for
                                                                        R1 & R2
                                                                        Mr.B.N.Suchindran for R3
                                                                        Mr.N.Rajan
                                                                        Central Government
                                                                        Standing Counsel for R4

                                                       JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.)

This writ appeal has been directed against the impugned order passed

by the learned single Judge, giving liberty to the writ petitioners, the

appellants herein to approach the civil Court seeking for appropriate

remedy viz., for getting a declaration of title to the property in dispute.

2. Since the appellants/writ petitioners filed the writ petition as if it is

a title suit, the learned single Judge has rightly directed the writ petitioners,

the appellants herein to approach the appropriate civil Court to establish

their claim of title over the property in question. When the writ proceedings https://www.mhc.tn.gov.in/judis/

W.A.No.540 of 2016

under Article 226 of the Constitution cannot be the remedy for getting such

a relief, we are unable to find any merit in this appeal. Therefore, the writ

appeal fails and it is dismissed. No costs.

                     Speaking/Non speaking order                   (T.R.,J.)   (V.S.G.,J.)
                     Index : yes/no                                       08.07.2021
                     ss



                     To

1. The Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. The Tahsildar Mylapore-Triplicane Taluk Mylapore Chennai 600 004

3. The Secretary to Government of India Ministry of Culture New Delhi 110 001

https://www.mhc.tn.gov.in/judis/

W.A.No.540 of 2016

T.RAJA, J.

AND V.SIVAGNANAM, J.

ss

W.A.No.540 of 2016

08.07.2021

https://www.mhc.tn.gov.in/judis/