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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
K. Jayaprakash S/o Kathiresan Prabhu – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. challenge to government order on property classification. (Para 1 , 2 , 4) |
| 2. petitioner claims ownership based on historical records. (Para 3 , 5 , 7) |
| 3. writ petition inappropriate due to pending civil suit. (Para 6 , 8 , 10) |
| 4. writ petition dismissed; remedies available in civil court. (Para 9 , 11) |
ORDER :
1. This writ petition has been filed challenging the impugned Government order passed in G.O.Ms. No. 443 dated 22.10.2024 as arbitrary, illegal and for a consequential direction to the respondents not to interfere with the peaceful possession and enjoyment of the property of the petitioner pending the suit in O.S. No. 46/2024 on the file of the District Court, Nagapattinam.
2. Heard Mr. S. Parthasarathy, learned Senior Counsel appearing for petitioner and Mr. J. Ravindran, learned Additional Advocate General appearing for respondents.
3. The grievance of the petitioner is that he is the absolute owner of the subject property in T.S.No.340/2 and this property has been dealt with right from the year 1936 onwards and the petitioner became the absolute owner of the property by virtue of the Will dated 12.08.1993 executed by one A.D. Jayaveerapandiya Nadar, who became
Writ jurisdiction is inappropriate for interim relief when substantive ownership claims are pending before civil courts, and historical property classification limits ownership claims.
Administrative authorities cannot interfere in civil property disputes pending before a competent court, and dispossession must follow due process of law.
Mandamus directs timely implementation of revenue proposals for property reclassification absent prejudice.
Impugned order violating natural justice and non-speaking quashed; remanded for fresh consideration after hearing.
Local authorities must institute a court suit to declare property as escheat under the Act; unilateral declarations without due process are invalid.
Revenue court cannot adjudicate title disputes; civil suit required; status quo maintained on confirmed non-interference.
Court directed consideration of petitioner's representations for property rectification within a stipulated time, emphasizing the need for a fair hearing.
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