P.Pavalakodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.2030 OF 2022 P.Pavalakodi W/o.Prakasam ... Petitioner .Vs.

1. The District Collector, Ariyalur District, Ariyalur - 621 704.

2. The District Revenue Officer, Ariyalur, Ariyalur District.

3. The Revenue Divisional Officer, Ariyalur, Ariyalur District.

4. The Tahsildar, Ariyalur Taluk Office, Ariyalur.

5. The Village Administrative Officer, Rayampuram Village & Post, Ariylur Taluk & District.

6. Jaliyan, Now working as Village Administrative Officer, Iluppaiyur Village, Ariyalur Taluk & District.

7. Murugesan, S/o. Natesan, South Street, Adikudikkadu, Sendhurai Taluk, Ariyalur District.

... Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to take appropriate disciplinary action against the sixth respondent for violating and misusing the revenue standing orders based on the petitioner's representation dated 13.12.2021. For Petitioner : Mr.K.Sadhananthan For Respondents : Mr.S.Rajesh Government Advocate For R1 to R5

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the first respondent to take appropriate disciplinary action against the sixth respondent for violating and misusing the revenue standing orders based on the petitioner's representation dated 13.12.2021.

2. The case of the petitioner in brief:

The petitioner purchased agricultural land to an extent of 0.29.0 Ares (72 1/2 cents) situated in S.No.36/7 at Rayampuram Village, Ariyalur Taluk and District on 15.12.2015 in the name of his male minor sons. He applied for getting patta before the respondents and he also got receipt on 12.10.2017. But, the respondents dragged the matter, without issuing patta. Hence, he filed writ petition in W.P.6126 of 2018 and is still pending. During the month of January 2019, in a local magazine viz. Sudhanthira India, it was published that patta had been issued in favour of the seventh respondent, who is not at all vendor or interested party to the above said property. Hence, the petitioner approached the sixth respondent to cancel the patta issued in favour of the seventh respondent. He also filed a Writ Petition in W.P.No.

6827 of 2019, which is also pending. The petitioner came to know that the sixth respondent by giving a fraudulent certificate, had obtained the patta. Though the petitioner made several representations to the respondents 1 to 5, they have not considered it. Hence the writ petition.

3. Admittedly, Writ Petitions in W.P.No.6126 of 2018, praying to issue patta and W.P.No.6827 of 2019, seeking cancellation of patta issued in favour of the seventh respondent, are pending before this court. At this stage, without placing any materials, the petitioner filed this writ petition seeking direction to the authorities concerned to

initiate disciplinary action against the sixth respondent, based on the representation made by the petitioner. Therefore, this court is not satisfied with the submissions made by the learned counsel for the petitioner. No prima facie case is made out in favour of the the petitioner to entertain this writ petition. However, it is open to the petitioner to approach the authorities concerned, for taking appropriate action, if any adverse order is passed by any authority against the sixth respondent. Further, this Court will not stand in the way of the first respondent viz. District Collector, Ariyalur, to consider the representation of the petitioner dated 13.12.2021, if it is not disposed of.

4. With the above observations, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst To 1.

The District Collector, Ariyalur District, Ariyalur - 621 704.

2.

The District Revenue Officer, Ariyalur, Ariyalur District.

3.

The Revenue Divisional Officer, Ariyalur, Ariyalur District.

4.

The Tahsildar, Ariyalur Taluk Office, Ariyalur.

5.

The Village Administrative Officer, Rayampuram Village & Post, Ariylur Taluk & District.

+1cc to Mr.M.Saravana Kumar, Advocate, S.R.No.8924 +1cc to the Government Pleader, S.R.No.8665 W.P.NO.2030 OF 2022 PMK(CO) PBS/08/03/2022