Madras High CourtWP/675/2024disposed of

I. Pilavendran v. The District Collector

2024-02-14Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.02.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.675 of 2024 --- I.Pilavendran .. Petitioner Vs.

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar, Thandarampattu Taluk, Tiruvannamalai District.

3. The District Revenue Officer, Tiruvannamalai Disrict, Tiruvannamalai.

4. R.Mani

5. Sadayan, S/o Raman

6. Srinivasan, The Village President, Navakollai Village, B.Kuyilam Post, Thandarampattu Taluk, Tiruvannamalai District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider and pass orders on the petitioner's representation dated 10.11.2023 seeking to issue Patta in the name of the Church and cancel the already issued Patta in 1 / 4

favour of the respondents 3 to 5.

For petitioner : Mr.M.Manoj For respondents: Mr.T.Arun Kumar, Addl.G.P. for RR-1 to 3 No appearance for RR-4 to 6

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider and pass orders on the petitioner's representation dated 10.11.2023 seeking to issue Patta in the name of the Church and cancel the already issued Patta in favour of the respondents 3 to 5.

2. The learned Additional Government Pleader appearing for respondents 1 to 3, by reiterating the contents of the counter affidavit, submitted that the land in question is classified as "Natham" and already, Patta has also been granted in the name of the individual and therefore, they cannot issue in the name of the Church. However, it is seen that the official respondents have not given opportunity to the petitioner before passing any order.

3. Therefore, respondents are directed to issue notice to the petitioner and also the persons whose names have already been issued with Patta and the persons who are in possession and the rival claimants/adjacent 2 / 4

owners/interested parties/objectors, as the case may be and after giving notice to all the parties, and giving an opportunity of hearing to the parties, conduct enquiry and pass orders in accordance with law. The said exercise shall be completed within a period of three months.

4. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

14.02.2024 cs To

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar, Thandarampattu Taluk, Tiruvannamalai District.

3. The District Revenue Officer, Tiruvannamalai Disrict, Tiruvannamalai.

3 / 4

P.VELMURUGAN, J cs W.P.No.675 of 2024 14.02.2024 4 / 4