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Madras High CourtWP/3089/2024disposed of

A.Sridhar v. The District Collector

2024-02-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Sridhar : Petitioner versus 1.The District Collector, Vellore District 2.The District Revenue Officer, Vellore District 3.The Revenue Divisional Officer, Vellore District 4.The Tahsildar, 5.The Revenue Inspector, 6.Sugumar 7.Ezhilan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for records relating to the impugned patta Nos.956 passed by the 4th respondent dated 06.09.2021 in respect of the land in S.Nos.122/1, 122/2, 122/3 to the extent of 3.56 acres situate at Erthangal Village, Gudiyatham Taluk, Vellore District and quash the same, consequently, direct the 4th respondent to restore the survey numbers as kulam poromboke and to remove encroachments put up by the private respondent/6th respondent.

For Petitioner :

Mr.C.Prabakaran for Mr.G.Vinodh Kumar For Respondents 1 to 5 :

Mr.A.Edwin Prabhakar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Prabakaran, learned counsel for the petitioner and Mr.A.Edwin Prabhakar, learned State Government Pleader, appearing for respondents 1 to 5.

2. This is the second writ petition filed by the petitioner for the same purpose. Earlier, WP No.27773/2022 was filed. This court, under order dated 29.09.2023, disposed of the said writ petition by observing that in case the petitioner is aggrieved by the grant of patta, remedy is available under the Tamil Nadu Patta Passbook Act, 1983, to challenge the same.

3. Learned counsel for the petitioner submits that pursuant thereto, the petitioner has filed a representation with the District Revenue Officer, requesting cancellation of patta granted to respondents 6 and 7.

4. The persons in whose favour patta is issued, have to be made a party in a proceeding initiated to cancel the patta granted to them. However, the petitioner does not seem to have made them as a party. The petitioner has to file appropriate proceedings and make the concerned persons as party. It is thereafter only the authorities would take cognisance of the same. It is for the petitioner to take appropriate steps in that regard.

5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.3372/2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Vellore District 2.The District Revenue Officer, Vellore District 3.The Revenue Divisional Officer, Vellore District 4.The Tahsildar,

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 5.The Revenue Inspector, 12.02.2024