Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 78873 (MAD)

ARIVAZHAGI v. THE DISTRICT COLLECTOR

WP/28070/2025 · 2025-08-01

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.28070 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.28070 of 2025 and WMP Nos.31480 and 31481 of 2025 Arivazhagi W/o.Rajendran, Vettakudi Village, Vridhachalam Taluk, Cuddalore District. Petitioner Vs 1.The District Collector Cuddalore District, Cuddalore. 2.The District Revenue Officer Cuddalore Revenue District Cuddalore Town, Cuddalore. 3.The Revenue Divisional Officer Virudhachalam Revenue Division, Virudhachalam Town. ____________ https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2025 4.The Tahsildar (Revenue) Virudhachalam Taluk, Virudhachalam Town. 5.The Block Development Officer O/o The Block Development Office, Virudhachalam, Cuddalore District. 6.The Tahsildar Land and Survey Records, Virudhachalam Taluk, Virudhachalam Town, Cuddalore District. 7.The Vettakudi Village Panchayat Clerk, Vettakudi Village, Virudhachalam Taluk, Cuddalore District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records pertaining to order Na.Ka.A5/100/2025, dated 10.07.2025, passed by the 3rd respondent and quash the same and consider petitioner's representation 3.7.2025. For Petitioner: Ms.S.Sridevi for Mr.M.Padmanaban For Respondents: Mr.K.Karthik Jagannath Government Advocate ____________ https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) A pure issue of fact is sought to be raised through this petition on the allegation that the land on which construction of Integrated Grama Seva Centre building is proposed, forms part of temple land and not government land. 2. A perusal of the memorandum dated 10.7.2025 of the Revenue Divisional Officer, Virudhachalam, filed by the petitioner itself shows that upon dispute having been raised, the land was surveyed and it has been found upon survey that it is not temple land, but government land. 3. Learned counsel for the petitioner sought to dispute this position by placing on record the revenue entries. 4. The issue, in our view, is purely a question of fact. Whether the land in dispute falls within the limits of the temple land or outside the same would require evidence to be lead by both the ____________ https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2025 parties. Therefore, in the circumstances, the issue, if any, can be raised only by way of filing suit and not writ petition. In that view of the matter, we are not inclined to entertain this petition and, accordingly, it is dismissed with liberty to file a civil suit, if so advised. There shall be no order as to costs. Consequently, interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 01.08.2025 Index : Yes/No Neutral Citation : Yes/No sasi ____________ https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2025 To: 1.The District Collector Cuddalore District, Cuddalore. 2.The District Revenue Officer Cuddalore Revenue District Cuddalore Town, Cuddalore. 3.The Revenue Divisional Officer Virudhachalam Revenue Division, Virudhachalam Town. 4.The Tahsildar (Revenue) Virudhachalam Taluk, Virudhachalam Town. 5.The Block Development Officer O/o The Block Development Office, Virudhachalam, Cuddalore District. 6.The Tahsildar Land and Survey Records, Virudhachalam Taluk, Virudhachalam Town, Cuddalore District. 7.The Vettakudi Village Panchayat Clerk, Vettakudi Village, Virudhachalam Taluk, Cuddalore District. ____________ https://www.mhc.tn.gov.in/judis W.P.No.28070 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) WP No.28070 of 2025 01.08.2025 ____________ https://www.mhc.tn.gov.in/judis