M.Munisekar v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Munisekar

...Petitioner

-Vs1. The Principal Secretary to Government, Revenue Department, Fort St., George, Chennai-600 009.

2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Tiruvallur District, Tiruvallur.

4. The District Revenue Officer, Tiruvallur District, Tiruvallur.

5. The Revenue Divisional Officer, Thiruthani Sub-Division, Thiruthani, Tiruvallur District.

6. The Thasildar, 1/6

Tiruthani Taluk, Tiruvallur District-631 209.

7. Sathish

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the proceedings in impugned order dated 18.12.2023 in Na.Ka.No.2329/2022/A6 passed by the 5th respondent and quash the same and direct the 2nd respondent to pass an appropriate order on the appeal filed by the petitioner dated 21.04.2021.

For Petitioner : Mr.D.Ashok Kumar For Respondents 1 to 6 : Mr.K.Tamilvendan Government Advocate

ORDER

This Writ Petition has been filed challenging the order passed by the 5th respondent dated 18.12.2023 thereby rejected the request made by the petitioner to take appropriate action as against the 7th respondent.

2. According to the petitioner, the 7th respondent is working as 2/6

Village Administrative Officer of Veeraragavapuram (B) Village. He committed several illegalities and several innocent persons have been affected including the petitioner. He illegally issued tax receipt to some other person while B-Memo stands in the name of the original owner which was happened during the year 2018. The petitioner's father filed W.P.No.25288 of 2017 seeking direction to issue patta. However, the said request made by the petitioner's father was not considered and rejected the claim of his father for issuance of patta for the subject land. Therefore, the petitioner lodged complaint and the 5th respondent conducted enquiry on the complaint lodged by the petitioner. After conducting enquiry, the 5th respondent rejected the request made by the petitioner by an order dated 16.09.2019.

Once again, the petitioner preferred an appeal to the 2nd and 3rd respondents. The appeal were also rejected. Thereafter, the 3rd respondent issued circular stating that the B-Memos issued only to the owner in possession, if not so, cancel the B-Memos and further if such B-Memos are issued, departmental action would be taken against the officials. Therefore, the petitioner made a representation to the 2nd and 3rd respondents.

petitioner's representation. Now, the 5th respondent also rejected the request made by the petitioner by an order dated 18.12.2023. The writ petitions W.P.No.2828 of 2020 and W.P.No.24242 of 2019 filed by the petitioner for issuance of patta are pending.

3. Therefore, the request made by the petitioner was rightly rejected and this Court find no infirmity or illegality in the order passed by the 5th respondent dated 18.12.2023. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. No costs.

20.02.2024 Index : Yes/No Internet: Yes/No gvn 4/6

To

1. The Principal Secretary to Government, Revenue Department, Fort St., George, Chennai-600 009.

2. The Commissioner of Land Administration, Ezhilaga, Chepauk, Chennai-600 005.

3. The District Collector, Tiruvallur District, Tiruvallur.

4. The District Revenue Officer, Tiruvallur District, Tiruvallur.

5. The Revenue Divisional Officer, Thiruthani Sub-Division, Thiruthani, Tiruvallur District.

6. The Thasildar, Tiruthani Taluk, Tiruvallur District-631 209 5/6

G.K.ILANTHIRAIYAN,J.

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