S.Subramanian vs The District Collector
2025 Latest Caselaw 5956 Mad

Madras High Court

S.Subramanian vs The District Collector on 15 April, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                               WA.No.1072 of 2025

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 15.04.2025

                                                   CORAM
                                  THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
                                                     AND
                                    THE HONOURABLE MR. JUSTICE K.RAJASEKAR

                                                          WA.No.1072 of 2025

                     S.Subramanian                                                             ... Appellant

                                                                       Vs.

                     1.            The District Collector,
                                   Chennai.

                     2.            The Revenue Divisional Officer,
                                   South Chennai Region,
                                   Guindy,
                                   Chennai - 32.

                     3.            The Tahsildar,
                                   Guindy Taluk,
                                   Chennai - 32.                                              ... Respondents
                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside
                     the order dated 11.10.2023 passed                          in W.P.No.29487 of 2023 and
                     consequently direct the 1st and 2nd respondents to consider the appellant's
                     representation dated 30.05.2023.
                                      For Appellant                      : Mr.J.Sivananda Raaj
                                                                           Senior Counsel
                                                                           for Mr.S.Venkatasubramaniyan



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                                                                                              WA.No.1072 of 2025

                                       For Respondents                   : Mr.A.Selvendran
                                                                   Special Government Pleader for
                                                                                       R1 to R3
                                                               JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Under assail is the order dated 11.10.2023 passed in W.P.No.29487 of

2023.

2. The grievance of the appellant is that Patta land has been

erroneously stated as 'Government Poromboke' land despite the fact that the

appellant produced title documents.

3. The learned Senior Counsel appearing on behalf of the appellant

would mainly contend that the procedures as contemplated under the Patta

Passbook Rules, have not been followed. The Authorities are expected to

scrutinize the documents in order to find out the genuinity of the entries

made.

4. Mr.A.Selvendran, the learned Special Government Pleader

appearing on behalf of the respondents would oppose by stating that the

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schedule mentioned in the title document is not tallying with the extract from

the Permanent/Town Survey Land Register produced by the appellant before

this Court.

5. Disputed facts of civil nature cannot be adjudicated before the

writ Court. All such disputes are to be resolved based on the documents and

evidences and by approaching the competent civil Court of law. High Court

in exercise of powers of judicial review cannot scrutinize the documents,

entries in Revenue Registers etc., for the purpose of forming a final opinion

regarding title or ownership of a person. Thus, this court is of the considered

opinion that the writ Court has rightly relegated the appellant to approach the

civil Court for the purpose of resolving the issues.

Granting liberty to the appellant to approach the civil Court, the

present Writ Appeal stands dismissed. No costs.

[S.M.S,J.] [K.R.S,J.] 15.04.2025 veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No

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S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda To

1. The District Collector, Chennai.

2. The Revenue Divisional Officer, South Chennai Region, Guindy, Chennai - 32.

3. The Tahsildar, Guindy Taluk, Chennai - 32.

15.04.2025

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