K.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.4292 of 2021 K.Arumugam

...Petitioner

-Vs1. The District Collector, District Collector's Office, Vuluthaur Road, Puducherry: 605 009.

2. The District Registrar, District Registar Office, Registration Department, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry.

3. The Tahsildar,

4. The Deputy Tahsildar(North), Deput Tahsildar(North) Office, E Saram, Puducherry: 605 013.

5. The Revenue Inspector,

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the representation made by the petitioner on 28.01.2021 to register petitioner's complaint as conferred in the Registration Act, 1908, against those persons who had applied for change of Patta through fabricated sale deed and further to update the same in the records of the 2nd respondent to enable to reflect in the Encumbrance Certificate to protect from any other involvement of fraudulent registration through impersonation or production of false documents and evidence by any unknown 3rd person. For Petitioner : Mr.J.Arokhiaraj For Respondents : Mr.D.Ravichander Additional Government pleader(P)

ORDER

The petitioner is a joint patta holder of a property comprised in Town Sy.no.28/1 of Pondicherry Revenue Village along with few others. The present apprehension is that on 15.12.2020, he came to know that some unknown persons have fabricated a sale deed and tried to obtain patta. 2.Heard both sides.

submitted that the allegation is bereft of material particulars for the Authorities to make a candid statement in response.

4.Even this Court is satisfied that the submissions in paragraph 8 of the affidavit filed in support of the petition is bereft of any material particulars. In the meantime, the petitioner is also required to go through the Authority of the Hon'le Supreme Court in Satya Pal Anand Vs. State of Madhya Pradesh & others [(2016) 10 SCC 767].

5.A mere apprehension though can provide a cause of action, yet, if the materials produced are inadequate, then, the apprehension may well be considered unfounded. Hence, the Writ Petition is dismissed. However, it does not preclude the petitioner from approaching any Court, including this Court, if there are real grounds available. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Tsg To

1. The District Collector, District Collector's Office, Vuluthaur Road, Puducherry: 605 009.

2. The District Registrar, District Regsitrar Officer, Registration Department, Kamaraj Salai, Sakthi Nagar, Saram, Puducherry.

3. The Tahsildar,

4. The Deputy Tahsildar(North), Deput Tahsildar(North) Office, E saram, Puducherry: 605 013.

5. The Revenue Inspector, +1cc to the Government Pleader(P), S.R.No.12959. Order made in W.P.No.4292 of 2021 mg(co) csr 30.03.2021