T.Saravana Bava @ Bava Samathuvan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH T.Saravana Bava @ Bava Samathuvan ..
Petitioner vs
1. The State of Tamil Nadu The Secretary Revenue Department Secretariat, George Town Chennai - 600 009.
2. The Commissioner of Land Administration Chepauk, Chennai - 600 005.
3. The District Collector 1st Floor, Collectorate Kancheepuram - 631 501.
4. The Tahsildar Thiruperumpudur Circle Thiruperumpudur - 602 105.
5. The District Registrar District Registrar Office Kamarajar Road, Taluk Office Campus Kancheepuram - 631 501.
..
Respondents Page No.1 of 6
Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the fourth respondent to hold an inquiry and take appropriate actions to cancel the UDR patta at S.No.236/3, 236/5, 236/6, 235/5, 235/6, 123/3, 134/9C of the Kancheepuram District, Kancheepuram Taluk, as null and void and sustain the patta as such as before in the year 1987.
For Petitioner : Mr.L.Sarath Pandian For Respondent : Mr.A.Selvendran Special Government Pleader
ORDER
This writ petition has been filed for issuance of a writ of mandamus, directing the fourth respondent to hold an enquiry and to take appropriate action by cancelling the UDR patta that has been granted in respect of the subject property in the name of one Kanniappa Naicker.
Page No.2 of 6
2. Heard Mr.L.Sarath Pandian, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for the respondents.
3. The petitioner is claiming the absolute right over the subject property by virtue of the registered settlement deed dated 20.06.2008. The grievance of the petitioner is that during the UDR Scheme, the patta was issued in the name of one Kanniappa Naicker. According to the petitioner, the said Kanniappa Naicker was owning the adjacent property and through fraudulent means, he had managed to get the UDR patta in his name even for the property belonging to the petitioner.
4. The representation made by the petitioner in this regard for cancellation of the patta did not evoke any response and hence, the present writ petition has been filed before this Court. Page No.3 of 6
5. In the considered view of this Court, if a patta has been granted under the UDR Scheme, the appropriate Authority to deal with the same will be the District Revenue Officer (DRO) and not the Tahsildar. The petitioner has not given any representation to the DRO, but representations have been made only to the Tahsildar and to the District Collector. These authorities are not vested with any power for cancellation of UDR patta.
6. In light of the above discussions, liberty is granted to the petitioner to make fresh representation before the DRO concerned and work out his remedy in the manner known to law. If any such representation is made, the DRO shall deal with the same after affording opportunity to the parties in whose name the UDR patta stands and to all other interested parties and shall pass orders as expeditiously as possible.
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7. This writ petition is disposed of on the above terms. There shall be no order as to costs.
10.02.2025 Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
drm To
1. The Secretary The State of Tamil Nadu, Revenue Department Secretariat, George Town Chennai - 600 009.
2. The Commissioner of Land Administration Chepauk, Chennai - 600 005.
3. The District Collector 1st Floor, Collectorate, Kancheepuram - 631 501.
4. The Tahsildar Thiruperumpudur Circle Thiruperumpudur - 602 105.
5. The District Registrar District Registrar Office Kamarajar Road, Taluk Office Campus Kancheepuram - 631 501.
Page No.5 of 6
N.ANAND VENKATESH, J.
drm 10.02.2025 Page No.6 of 6