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2025 DAILYLAW 147600 (MAD)

K.Kumar Ambalakarar v. The District Collector

WP(MD)/17905/2025 · 2025-07-29

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.17905 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.17905 of 2025 and W.M.P.(MD).No.13702 of 2025 K.Kumar Ambalakarar ... Petitioner Vs. 1.The District Collector, O/o.The District Collectorate Office Madurai District. 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Melur Taluk, Madurai District. 3.The Tahsildar, O/o, The Tahsildar, Melur Taluk, Madurai District. 4.Kurunchikumaran 5.K.Karuppaiah Ambalakarar ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the order passed by the second respondent in Na.Ka.No.100/2024/C, dated 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.17905 of 2025 07.08.2024 and quash the same. For Petitioner : Mr.S.Ramsundarvijayraj For Respondent : Mr.M.Senthil Ayyanar (For R1 to R3) Government Advocate Mr.B.Saravanan (for R4) Senior Counsel for Mr.L.Shajichellam ***** ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorari to quash the impugned order passed by the second respondent in Na.Ka.No.100/2024/C, dated 07.08.2024. 2.The contention of the petitioner is that the second respondent/Revenue Divisional Officer has considered the rival claim of the petitioner as well as the fourth respondent and has determined the title of Ambalakarar and the second respondent is not having any power to determine anybody's title. The appropriate remedy would be to approach the Civil Court. 3.The learned appearing for the fourth respondent, however, submitted that the petitioner submitted himself to the enquiry and participated in the enquiry. Therefore, now he cannot turn around and state that there is no jurisdiction for the 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.17905 of 2025 second respondent/Revenue Divisional Officer to determine the title. 4.The learned Additional Government Pleader submitted that the second respondent has filed a counter affidavit and the Paragraph No.8 is extracted hereunder: 8.I submit that the grounds raised by the writ petitioner are untenable and unsustainable. I have not conducted the peace committee meetings suo-motu and on the other hand the peace committee meetings were conducted upon the reports of the police and revenue officials in the larger interest of public peace and with the active and smooth participation of all the parties from both sides. Since I have not passed any orders in favour of the petitioner as per his written representation dated 07.08.2024 to enable him to function as Periya Ambalakarar, this writ petition is filed with unsustainable grounds. If the writ petitioner wants to getrelief for his written representation dated 07.08.2024, he has to apprach the civil Court and I have no jurisdiction to entertain the same. I humbly submit that the writ petition is devoid of merits and it filed since I did not entertain the request of the petitioner made through his representation dated 07.08.2024. Hence, in this interest of justice, the writ petition is liable to be dismissed. 5.On verifying the counter affidavit, the learned Additional Government Pleader submitted that the second respondent has not determined the title. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.17905 of 2025 6.On perusal of the impugned order, it is seen that the second respondent/Revenue Divisional Officer has determined the title itself. The relevant portion of the impugned order is extracted here under: 3.vdNt> nghpa mk;gyf;fhuh; gl;lkhdJ Row;rp mbg;gilapy; MW fij> ehd;F fiu kw;Wk; %d;W fiu mk;gyfhuh;fSf;F toq;fg;gl;Ltpl;likahy;> mLj;jjhf Row;rpapy; tUk; MW fiufSs; Njh;e;njLf;fg;gl;l egiuNa nghpa mk;gyf;fhuuhf Njh;e;njLf;fyhk; vd; jPh;khdpf;fg;gl;L KbT nra;ag;gLfpwJ. 7.After hearing the rival submission made, this Court is of the considered opinion that the respondent has not stated under what authority, the enquiry was conducted and the enquiry can be conducted in order to interfere if there is any law and order problem. More than that, the revenue officials are not having any power to interfere in the title dispute, especially the Ambalakara's title dispute. Therefore, the counter is incorrect. Hence, the impugned order is liable to be quashed. 8.Accordingly, this writ petition stands allowed. The impugned order passed by the second respondent in Na.Ka.No.100/2024/C, dated 07.08.2024 is 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.17905 of 2025 hereby quashed. However, the parties are directed to approach the Civil Court for determining. The parties are restrained from approaching the revenue authorities for any orders. There shall be no order as to costs. Consequently, the connected writ miscellaneous petition is closed. 29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Melur Taluk, Madurai District. 3.The Tahsildar, Melur Taluk, Madurai District. 4.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.17905 of 2025 S.SRIMATHY , J. Vsg ORDER MADE IN W.P(MD)No.17905 of 2025 DATED : 29.07.2025 6/6 https://www.mhc.tn.gov.in/judis