Chandrakasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Chandrakasan ..

Petitioner vs

1. The District Collector Collector Office Ariyalur, Ariyalur District.

2. The District Revenue Officer Ariyalur - 621 704 Ariyalur District.

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

4. The District Registrar Udayarpalayam Ariyalur District.

5. The Divisional Manager Indian Oil Corporation Trichy Divisional Office Trivent 3rd Floor No.35, Shastri Road Thillai Nagarm, Trichy - 620 018.

6. Chindamani

7. Saravanan

8. Kalamani

9. Chinnakannu

10. Lalitha ..

Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 09.02.2023 and further directing the respondents 1 to 4 to cancel the patta issued in the name of the respondents 6 to 10 and transfer the same in the name of the Chellammal, W/o.Thangavel in respect of the property measuring an extent of 0.34.50 acres comprised in S.No.259/2, situated in Ellayur (w) Village, Andhimadam Taluk, Ariyalur District Vanathirayan Pattinam Village. For Petitioner :

Mr.M.Senthil Vadivu For Respondents :

Mr.T.Arunkumar Additional Government Pleader for R1 to R4 Mr.M.Loganathan for R6 to R10 R5 not ready in notice

ORDER

The relief sought for in the present writ petition is to consider the representation submitted by the writ petitioner on 09.02.2023.

2. The grievance of the writ petitioner is that the Tahsildar recently granted patta in the name of the contesting respondents in the present writ petition. In this regard, the petitioner submitted representations to the District Collector, District Revenue Officer, Tahsildar and the District Registrar on 09.02.2023.

3. Patta is to be granted by the competent authorities / Tahsildar under the provisions of the Patta Passbook Act, 1987. The aggrieved person can prefer an appeal before the Revenue Divisional Officer for cancellation of patta or otherwise. In such circumstances, such an application must be properly filed by enclosing all the relevant documents and by paying the prescribed fee. The statutory appeals are to be filed in the prescribed format. Mere representation sent to various authorities will not provide a cause for filing a writ petition. The petitioner, who is approaching the High Court, has to establish the right. It is the principle condition to establish the right for the purpose of entertaining the writ petition. In the present case, the representations sent by the writ petitioner is of no avail for seeking relief from the hands of this Court.

4. The learned Additional Government Pleader brought to the notice of this Court that subsequent to the complaint, the document has been registered before the Sub-Registrar concerned on 27.12.2022. If at all there is a dispute with reference to the title or ownership, then, the parties have to be relegated to resolve the issue through the Civil Court of law. In the event of any civil disputes, the revenue authorities are incompetent to consider the application filed for grant of patta or otherwise. Therefore, the

petitioner is at liberty to approach the competent Civil Court of law for the purpose of resolving the issues in the manner known to law.

5. With these directions, the writ petition is disposed of. There will be no order as to costs.

Index : Yes/No 28.04.2023 drm

To:

1. The District Collector Collector Office Ariyalur, Ariyalur District.

2. The District Revenue Officer Ariyalur - 621 704 Ariyalur District.

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

4. The District Registrar Udayarpalayam Ariyalur District.

5. The Divisional Manager Indian Oil Corporation Trichy Divisional Office Trivent 3rd Floor No.35, Shastri Road Thillai Nagarm, Trichy - 620 018.

S.M. SUBRAMANIAM, J.

drm 28.04.2023