Ramagounder v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5869 OF 2022 Ramagounder ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Villupuram - 605 602, Villupuram District.

2. The Revenue Divisional Officer/(RDO)Sub Collector, Office of RDO/Sub Collector, Thindivanam - 604 001, Villupuram District.

3. The Tahsildar, Office of Tahsildar, Gingee - 604 202, Villupuram District.

4. Jayagandhi ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent Revenue Divisional Officer/Sub Collector, Thindivanam, to consider and pass orders on the petitioner's appeal dated 31.08.2021 filed under Patta Passbook Act submitted for cancellation of false patta issued in favour of the fourth respondent herein for the lands in Survey No.20/16C5 and to issue Patta in favour of the petitioner to the land of an extent of 14 Cents in Survey No.20/16C (part) of Thenputhupattu Village, Gingee Taluk, Villupuram District.

For petitioner : Mr.V.R.Appaswamee For Respondents : Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition, seeking direction to the second respondent Revenue Divisional Officer/Sub Collector, Thindivanam, to consider and pass orders on the petitioner's appeal dated 31.08.2021 filed under Patta Passbook Act submitted for cancellation of false patta issued in favour of the fourth respondent herein for the lands in Survey No.20/16C5 and to issue Patta in favour of the petitioner to the land of an extent of 14 Cents in Survey No.20/16C (part) of Thenputhupattu Village, Gingee Taluk, Villupuram District.

2. Mr.A.Anandan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey No.20/16C, measuring an extent of 14 Cents, situated at Thenputhupattu Village. The petitioner had acquired the property by a Sale Deed dated 09.08.1979 in Document No.1365 of 1979 on the file of the Sub Registrar Office, Gingee and obtained the Patta for the above said lands. Further, the petitioner came to know that, initially he was given Patta to the lands in Survey No. 20/16C5 of an extent of 8 acres instead of 14 cents, and the Revenue authorities removed the name of the petitioner from the said Patta and issued the same in favour of the fourth respondent. Objecting the same, the petitioner had made an appeal dated 31.08.2021 before the second respondent. However, till date no action has been taken by the respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second respondent to consider the petitioner's appeal, dated 31.08.2021 and pass appropriate orders within the time frame that may be fixed by this Court.

6. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 31.08.2021 will be considered by respondents within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's appeal dated 31.08.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the fourth respondent.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tri/nhs To

1. The District Collector, Office of the District Collector, Villupuram - 605 602, Villupuram District.

2. The Revenue Divisional Officer/(RDO)Sub Collector, Office of RDO/Sub Collector, Thindivanam - 604 001, Villupuram District.

3. The Tahsildar, Office of Tahsildar, Gingee - 604 202, Villupuram District.

+1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.17541 +1cc to the Government Pleader, S.R.No.18150 W.P.No.5869 of 2022 PMK(CO) PM/05/04/2022