G.Ramasubramanian vs The Principal Secretary/
2023 Latest Caselaw 12001 Mad

Citation : 2023 Latest Caselaw 12001 Mad
Judgement Date : 7 September, 2023

Madras High Court

G.Ramasubramanian vs The Principal Secretary/ on 7 September, 2023

                                                                          W.A.(MD) No.1448 of 2023


                                  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

                                              W.A.(MD) No.1448 of 2023


                 G.Ramasubramanian                             ... Appellant/Petitioner

                                                        -vs-

                 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.



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                                                                            W.A.(MD) No.1448 of 2023


                 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.

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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 non-

availability 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

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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,

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Sivakasi, Virudhunagar District.

5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

6.The Public Information Officer/PA to Collector, Virudhunagar District, Virudhunagar.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.1448 of 2023

S.S.SUNDAR, J.