Writ petition sought enquiry into alleged fraudulent land registrations and pattas and a direction to build government colleges on disputed lands in Madurai. The court held that Section 77-A of the Registration Act having been held unconstitutional, no enquiry could be directed, and disputed title claims required a civil suit.
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.
W.P.(MD)No.7515 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.7515 of 2024 and
W.M.P.(MD)No.6896 of 2024
Balamurugan, S/o.Kathan ... Petitioner
-vs-
Chennai - 600 005.
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W.P.(MD)No.7515 of 2024
12.Sivagnanam, S/o.Sonai Servai
13.Karuppaiah, S/o.Raju Pillai
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to conduct appropriate
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W.P.(MD)No.7515 of 2024
enquiry on the petitioner's petition dated 20.12.2023 and to cancel all the fraudulent registrations and Pattas in respect of lands in Madurai District, Madurai East Taluk, Jothiyapatti Village and Kuruthur Village, comprising Resurvey Nos.60A/4, 60A/4A, 61/1, 61/2, 61/3, 61/4, 67/5, 69/10, 69/7, 175/10, 176/81, 178/5, 178/7, 179/7, 180/1, 180/3, 188/1, 188/2 and 188/9, measuring an extent of 40 Acres and restore the all the revenue records in the name of Kannayiram Velar and direct the first respondent to pass appropriate orders to construct Government Colleges or Schools in the above said lands within the stipulated time fixed by this Court.
For Petitioner : Mr.S.Madhankumar For R1 to R8 : Mr.P.Thilakkumar Government Pleader For R9 : No Appearance For R10 : Mr.B.Thanga Aravindh Government Advocate (Criminal side) For R13 : Mr.G.Prabhu Rajadurai
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J. ]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Mandamus, directing the second respondent to conduct appropriate enquiry on the petitioner's petition dated
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W.P.(MD)No.7515 of 2024
20.12.2023 and to cancel all the fraudulent registrations and Pattas in respect of lands in Madurai District, Madurai East Taluk, Jothiyapatti Village and Kuruthur Village, comprising Resurvey Nos.60A/4, 60A/4A, 61/1, 61/2, 61/3, 61/4, 67/5, 69/10, 69/7, 175/10, 176/81, 178/5, 178/7, 179/7, 180/1, 180/3, 188/1, 188/2 and 188/9, measuring an extent of 40 Acres and restore the all the revenue records in the name of Kannayiram Velar and direct the first respondent to pass appropriate orders to construct Government Colleges or Schools in the above said lands within the stipulated time fixed by this Court.''
2 . Now, Section 77-A of the Registration Act, 1908 has been held to be unconstitutional by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration [WP.No.10291 of 2022 etc. batch, dated
02.08.2024] . The authorities cannot be directed to conduct an enquiry.
3 . As regards the other prayer to construct Government Colleges in the suit lands, it is not for this Court to decide as to where the Government Colleges or Institutions should be located. It is for the Government to decide as to where the Institutions should be established. Further, it is seen that the petitioner claims that the lands were donated by the Village People to one Kannayiram Velar, who
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W.P.(MD)No.7515 of 2024
promised to build an Arts College on those lands. After the demise of Kannayiram Velar, his legal representatives have claimed communal title to the lands.
4 . These are all questions which will have to be decided in a properly constituted suit before a competent Civil Court. These questions cannot fall within the subject matter of decisions under Article 226 of the Constitution of India, especially when this Court does not have the benefit of the factual matrix in the form of evidence before it Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 22.08.2024 smn2
To:-
1.The Secretary to Government of Tamil Nadu, Department of Revenue (Land Revenue), Fort St. George, Chennai - 9.
2.The District Collector, Dindigul District, Dindigul.
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W.P.(MD)No.7515 of 2024
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W.P.(MD)No.7515 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD) No.7515 of 2024
22.08.2024
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2 issues framed by the court
Can the court direct revenue authorities to enquire into alleged fraudulent registrations and patta cancellations?
Can the court under Article 226 direct construction of government colleges on disputed lands?
Colour shows how this judgement treated each authority
M.Kathirvel vs The Inspector General of RegistrationRelied on¶2
WP.No.10291 of 2022 etc. batch, dated 02.08.2024
2 provisions across 2 enactments
Balamurugan, S/o.Kathan
The Commissioner of Revenue Administration
The District Collector, Madurai District
The District Revenue Officer, Madurai District
The Revenue Divisional Officer, Vellaripatti
The Tahsildar, Madurai East Taluk
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
