BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.1475 of 2011 Muthaiyan, S/o.Vaithilinga Velalar ... Appellant/Petitioner Vs. 1.The District Revenue Officer, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District. 3.The Tahsildar, Taluk Office, Pattukkottai, Thanjavur District. 4.R.Annamalai, S/o.Ramalinga Thevar ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 01.11.2011, made in W.P.(MD)No.483 of 2011. Prayer in WP(MD)No.483 of 2011 : Petition filed under Article 22 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 3rd respondent to measure the petitioner's property situate at Thamarankottai North Village, Pattukkottai Taluk, Thanjavur District in S.No.76/182 to an extent of 1 acre 33 cents. For Appellant : Mr.S.Deenadhayalan For Respondents/ : Mr.V.Pandi, 1 to 3 Government Advocate JUDGMENT [Judgment of the Court was delivered BY M.VENUGOPAL, J] The Appellant/Petitioner has filed the present Writ Appeal as against the order, dated 01.11.2011, in W.P.(MD)No.483 of 2011, passed by a Learned Single Judge of this Court. 2.The Appellant/Petitioner filed the above said Writ Petition seeking for issuance of a writ of mandamus, directing the 3rd respondent to measure the petitioner's property, situate at Thamarankottai North Village, Pattukkottai Taluk, Thanjaur District, in S.No.76/1B2, to an extent of 1.33 acres. The learned Single Judge has dismissed the Writ Petition by observing that the Appellant/Petitioner has to establish his title over the property before the Civil Court and any such measurement can only be done by the authorities as per the direction of the concerned court. 3.Heard the learned counsel for the appellant and also perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 4.It is seen that pending Writ Petition, a direction has been issued by the Court to implead the 4th respondent and accordingly the 4th respondent has been impleaded. The 4th respondent has filed a detailed counter affidavit stating that he has never admitted the Appellant/Petitioner's possession in respect of an extent of 1.33 acres of land in the said Survey Number and in the absence of Appellant/Petitioner producing necessary documents in proof of ownership, his simple assertion cannot be accepted. 5.At this stage, it is to be pointed out that an extent of 3.40 acres of land in Survey No.76/1 in Thamarankottai Village belongs to 24 persons. In the RSR, the same Survey Number has been subdivided into 76/1 and 76/2, in which S.No.76/1, measuring to an extent of 2 acres and 90 cents, is in the names of 29 persons as joint pattadhars. The other sub- division, namely 76/2, measuring an extent of 43 cents, is in the names of 13 persons as joint pattadhars. Survey No.76/1B2 stands in the name of 14 persons and the 4th respondent's son Ramalingam has been shown as 8th pattadhar and the Appellant/Petitioner's name has been shown as 9th pattadhar. These facts were not brought to the notice of the Writ Court by the Appellant/Petitioner. 6.When there is a dispute in regard to title over the property in question, in Civil Law, the same has to be established before the Competent Civil Court and without establishing ones right and deciding the title, any relief, as prayed for in the Writ Petition by the Appellant/Petitioner, cannot be granted. As on date, the Appellant/petitioner has no enforceable legal right and as such, the relief prayed for by the Appellant/Petitioner cannot be granted by this Court. We are in complete agreement with the view taken by the Learned Single Judge in dismissing the Writ Petition, by observing that the Appellant/Petitioner has to establish his title over the property concerned. Viewed in that perspective, the Writ Appeal fails and the same is liable to be dismissed. 7.Accordingly, the Writ Appeal fails and the same is dismissed. The order of the Learned Single Judge, dated 01.11.2011, passed in W.P.(MD)No.483 of 2011, is hereby affirmed by this Court, for the reasons assigned in this Judgment. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(C.S) To: 1.The District Revenue Officer, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District. 3.The Tahsildar, Taluk Office, Pattukkottai, Thanjavur District. +1. CC to the Special Government Pleader, SR.No.44315 gb Judgment in W.A.(MD)No.1475/2011 Dated:16.12.2011 TR : 28.12.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/