IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Sr.No.13543 of 2024 D.Charles Samuel ... Petitioner Vs.

1. The Additional Chief Secretary, Tamil Nadu Government, Fort St.George, Chennai – 600 009.

2. The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai – 600 005.

3. The Land Commissioner, Commissionerate of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

4. The Director General of Police, Kamaraj Salai, Mylapore, Chennai – 600 004.

5. The Special Commissioner of Archives, Gandhi Irwin Road, Egmore, Chennai. 6. The Collector, Singaravelu Maligai, Rajaji Salai, Chennai – 600 001.

7. The District Collector, Office of the District Collector, Madurai District, Madurai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Official Receiver of the Hon'ble High Court of Madras to handover the properties in Item No.2 and 3 in Page No.810 of the Fort St.George Gazette No.24 dated 02.07.1895 to the petitioner by considering his representation dated 30.12.2023, within the period as stipulated by this Hon'ble Court.

For Petitioner : Mr.D.Nellaiappan

O R D E R

The Writ Petition has been filed to directing the Official Receiver of the Hon'ble High Court of Madras to handover the properties in Item Nos.2 and 3 in Page No.810 of the Fort St.George Gazette No.24 dated 02.07.1895 to the petitioner by considering his representation dated 30.12.2023.

2. The Registry, High Court raised an objection regarding the maintainability of the Writ Petition on the ground that the subject matter and the relief sought for pertains to civil jurisdiction.

3. The learned counsel for the petitioner, Mr.D.Nellaiappan submitted a reply stating that the Official Receiver is a statutory authority, who is holding the property without any judicial authenticity. The writ petitioner was appointed by the Registry, High Court in O.P.No.371 of 2010 by order dated 26.11.2010. Thus, the Writ Petition is maintainable.

4. With reference to the claim of the writ petitioner, the representation dated 30.12.2023 submitted by him reveals that the petitioner claims right over the subject properties and the connected documents in original. Further, the writ petitioner states that he is entitled to administer the estate of Gandamanaickanur Zamin. The petitioner seeks relief to handover the properties and the connected documents. Since the relief sought for by the petitioner is of civil nature, the Writ Petition is not maintainable, as rightly objected by the Registry, High Court. Thus, the objections raised by the Registry, High Court stands confirmed and the Writ Petition stands dismissed at the SR stage itself. No costs.

08.04.2024 skr Index : Yes Speaking order To

1. The Additional Chief Secretary, Tamil Nadu Government, Fort St.George, Chennai – 600 009.

2. The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai – 600 005.

3. The Land Commissioner, Commissionerate of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

S.M.SUBRAMANIAM, J.

skr

4. The Director General of Police, Kamaraj Salai, Mylapore, Chennai – 600 004.

5. The Special Commissioner of Archives, Gandhi Irwin Road, Egmore, Chennai. 6. The Collector, Singaravelu Maligai, Rajaji Salai, Chennai – 600 001.

7. The District Collector, Office of the District Collector, Madurai District, Madurai.

08.04.2024