V.Ranganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.5316, 5317 and 5319 of 2024 1.V.Ranganathan 2.V.Damothiran 3.Kamatchi ... Petitioners versus 1.The District Collector, 2.The Sub-Collector, 3.The District Revenue Officer, 4.The Tahsildar, Tahsildar Office, Pg.Nos.1/6

5.The Village Administrative Officer, 6.V.Selvarasu .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records in Muu.Mu.(A4) 421/2019, dated 24.09.2019 on the file of the second respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to restore the Patta No.205. For Petitioner :

Mr.M.Muruganantham For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R5

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 5. Since this writ petition is being disposed of without passing any adverse orders against the sixth respondent affecting his interest, notice to the sixth respondent is dispensed with.

2. This writ petition has been filed to quash the impugned order in Pg.Nos.2/6

Muu.Mu.(A4) 421/2019, dated 24.09.2019 passed by the second respondent and consequently direct the official respondents to restore Patta No.205 in the name of the petitioners.

3. The case of the petitioners is that they have allotted with free house plot Patta in S.No.377/4, measuring an extent of 000735 s.ft in Patta No.205 on 24.8.1996. Since then, they have been enjoying the allotted land peacefully by constructing huts. While that being so, without prior notice, as per the directions of the second respondent, the fifth respondent herein demolished the huts of the petitioners on 29.12.2023. On enquiry, it came to the knowledge of the petitioners, that free house-site Patta issued in favour of them was cancelled by the second respondent in the year 2019 itself, based on the representation given by the fifth respondent-Village Administrative Officer. Challenging the same, the present writ petition has been filed.

4. Heard both sides and perused the materials available on record. Pg.Nos.3/6

5. The main contention of the petitioners is that free-house Patta issued in their favour was cancelled by the second respondent without giving notice to them. However, the petitioners have got an efficacious alternative remedy before the third respondent-District Revenue Officer, to challenge the order passed the second respondent-Sub Collector and without availing the said remedy, they have filed the present writ petition. Hence, the writ petition is not maintainable. However, the petitioners are at liberty to work out their remedy in the manner known to law.

6. The writ petition is dismissed, accordingly. Consequently, connected W.M.P.Nos.5317 and 5319 of 2024 are closed.

7. W.M.P.No.5316 of 2024 is ordered on payment of separate Court fees by each of the petitioners.

8. However, there shall be no order as to costs. 28.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The District Collector, 2.The Sub-Collector, 3.The District Revenue Officer, 4.The Tahsildar, Tahsildar Office, 5.The Village Administrative Officer, Pg.Nos.5/6

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.6/6