Madras High CourtWP/35235/2015disposed of

Venkatesan, v. The District Collector,

2021-09-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2021

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM WP NO.35235 OF 2015 Venkatesan ..Petitioner Vs

1. The District Collector, Collectorate Building

2. The Revenue Divisional Officer,

3. The Tahsildar .. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st, 2nd and 3rd respondent to consider the petitioner representation dated 14.09.2015 to revoke the patta no 196 in their favour and to conduct an inquiry and scrutinize our document of koorai chit and issue patta in the petitioner favour in respect of that, we have allocated our share respective survey no 12/A1, 12/A1B, 13/A, 15/A2. For Petitioners : No appearance For Respondents : Mr.C.Kathiravan Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the petitioner's representation dated 14.09.2015 to revoke the patta no.196 in their favour and to conduct an inquiry and scrutinize their document of koorai chit and issue patta in the petitioner's favour.

2. For grant of patta or cancellation of patta, the parties aggrieved must approach the competent authority under the provisions of the Patta Passbook Act, 1983. The procedures are contemplated and an appellate remedy is also provided. Thus, this Court cannot direct the authorities to consider the petitioner's representation in this regard.

3. A proper application along with documents and evidences has to be produced before the competent authority for the purpose of undertaking an adjudication, which is to be done by issuing notice to all other connected parties.

4. Thus, the petitioner is at liberty to submit a fresh application before the competent authority along with the documents and evidence, in order to establish their claim. In the event of filing of any such application, the same is to be considered on merits and in accordance with law.

5. With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar ars To

1. The District Collector, Collectorate Building

2. The Revenue Divisional Officer,

3. The Tahsildar +1cc to the Government Pleader, S.R.No.50530 WP No.35235 of 2015 KK(CO) RLP(22/10/2021)