The High Court dismissed the writ petition seeking mandamus to recover disputed agricultural land from private respondents and reconvey it to the petitioner, holding that the matter involves a title dispute triable only by the appropriate civil forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2018
CORAM
THE HON'BLE MR. JUSTICE V.PARTHIBAN
W.P.No.28238 of 2012
S.Siva ... Petitioner
Vs.
1. Government of Tamil Nadu,
Rep. by the Secretary to Government,
Land & Reforms, Secretariat,
St.George Fort, Chennai.
2. Commissioner of Land Administration,
Chepauk, Chennai - 600 005.
3. The Collector,
Tiruvannamalai District,
Pincode- 606 601.
4. The Revenue Divisional Officer (RDO),
Tiruvannamalai,
Pincode - 606 601.
5. The Tahsildar,
Tandarampattu SO,
Tiruvannamalai District 606 707.
6. Gurunathan (Deceased)
7. Alamelu
8. Kuppy (Deceased)
9. G.Velayutham
10. G.Sundar
11. G.Thirumalai
12. M.Kumari
13. Vasuki
R9 to R16 substituted as legal heirs in the place of the deceased respondents 6 & 8 as per order dated 24.07.2014 by SVNJ in M.P.No.1 of 2014 in W.P.No.28238 of 2012.
Prayer:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 3 to 5 to recover the land from the respondents 6 to 8 and re-convey the same to the petitioner for which the petitioner has made a representation dated 15.06.2012 to the fourth respondent and marked copies to the respondent 3 & 5.
For Petitioners: Mr.R.Malaichamy
For Respondents: Mr.J.Pothiraj, Spl.Govt.Pleader for R1 to R5 Mr.V.Janarthanam for R9 to R 16 Mr.G.Rajan for R7
O R D E R
The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 3 to 5 to recover the land from the respondents 6 to 8 and re-convey the same to the petitioner for which the petitioner has made a representation dated 15.06.2012 to the fourth respondent and marked copies to the respondent 3 & 5.
+1cc to M/S.R.Malaichamy, Advocate Sr.25259
+1cc to M/S.G.Rajan, Advocate sr.29533
+1cc to the Government Pleader Sr.29576
W.P.No.28238 of 2012
cnr[co]
srg 13/06/2018
1 issue framed by the court
Whether a writ petition seeking recovery of disputed land between private parties is maintainable in the High Court.
1 provisions across 1 enactments
S. Siva
Government of Tamil Nadu
Commissioner of Land Administration
The Collector, Tiruvannamalai District
The Revenue Divisional Officer (RDO), Tiruvannamalai
The Tahsildar, Tandarampattu
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
