M.Velmurugan v. The Commissioner Of Land Administration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3185 of 2025 M.Velmurugan ... Petitioner Vs.

1.The Commissioner of Land Administration, Chepauk, Chennai 600 005.

2.The District Collector, Perambalur, Perambalur District.

3.The Distrit Revenue Officer, Perambalur.

4.The Revenue Divisional Officer, Perambalur, Perambalur District.

5.The Tahsildar, Alathur Taluk, Alathur, Perambalur District.

6.Sengodan 7.Soundrarajan 8.P.Lakshmi 1/6

9.R.Kathirvel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 5th Respondent to implement the order passed by the High Court, Madras in W.P.No.12629 of 2021, vide in its order dated 06/07/2021 and to cancel the patta issued in favour of the respondents 6 to 9, in respect of the government land comprised in S.Nos.131/2 and 131/5, and to implement the order of the 2nd respondent vide in its order dated 02/08/2024, and to evict the respondents 6 to 9 from the land comprised in S.Nos.45/5, 66/1, 131/2 and 5 situated in Alathur Taluk, Siruvayalur village, and to cancel the Document Nos.5045/2013, 2946/2015 within the prescribed period. For Petitioner : Mr.M.Senthil Vadivu For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 5th respondent to implement the order passed by the Revenue Divisional Officer dated 03.10.2023 and also the order passed by the Sub Collector, Perambalur dated 02.08.2024.

2.Heard Mr.M.Senthil Vadivu, learned counsel appearing on behalf of the 2/6

petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 5.

3.The case of the petitioner is that the subject property was originally classified as Government land. Subsequently, the 6th respondent alienated the Government land in favour of the 7th respondent through a Sale Deed dated 14.11.2013. This alienation was made in violation of the conditions of assignment. The petitioner filed W.P.No.12629 of 2021 before this Court for a direction to consider the representation and to cancel the patta that has been issued in favour of the private respondent. This writ petition was disposed of by an order dated 06.07.2021 by directing the Revenue Divisional Officer, Perambalur to conduct an enquiry and to pass suitable orders. 4.Pursuant to the above order, the Revenue Divisional Officer, conducted a detailed enquiry and passed an order dated 03.10.

2023, thereby, a direction was issued to the 4th respondent to cancel the patta that was granted in favour of the 6th respondent and to make necessary changes in the revenue records. 5.Based on this order, the petitioner made a representation before the 1st and 2nd respondents for cancellation of patta and for removal of encroachment.

the same, the 1st respondent directed the 2nd respondent to take immediate action. Thereafter, a direction was also issued by the Sub Collector through proceedings dated 02.08.2024 to evict the respondents 6 to 9 from the subject property. The grievance of the petitioner is that the 5th respondent has not complied with the order till date and hence, the present writ petition has been filed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the proceedings of the 2nd respondent dated 02.08.2024, there shall be a direction to the 5th respondent to act upon the same and to take necessary action, within a period of eight weeks from the date of receipt of copy of this order. 7.This writ petition is disposed of with the above directions. No Costs. 06.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Commissioner of Land Administration, Chepauk, 4/6

Chennai 600 005.

2.The District Collector, Perambalur, Perambalur District.

3.The Distrit Revenue Officer, Perambalur.

4.The Revenue Divisional Officer, Perambalur, Perambalur District.

5.The Tahsildar, Alathur Taluk, Alathur, Perambalur District.

5/6

N. ANAND VENKATESH, J.

ssr W.P.No.3185 of 2025 06.02.2025 6/6