Duraisasmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.7392 of 2020 1.Duraisami 2.Pazhani 3.Shankar 4.Lakshmi 5.Mani 6.Rajesh 7.Govindammal 8.Saroja 9.Ramesh 10.Rajesh .. Petitioners Vs.

1.The District Collector, Collectorate, Ranipet, Ranipet District.

2.The Thasildhar, Taluk Office, Arakkonam Taluk, Ranipet District 3.The Village Administrative Officer, Karnavoor Village, Nemeli Taluk, Ranipet District 4.Murugesan 5.Karuppiah 6.Gnanam ..

Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 14.10.2019 and further direct the second respondent to cancel Patta no.1323 to the properties situated in S.No.558/1 to an extent of 89.50 Acres stood in the name of respondents 4 and

5, Patta no.1285 to the properties situated in S.No.559/2A to an extent of 7.5 acres, S.No.559/2C1 to an extent of 38 Ares, in Karnavoor Village Account, Nemeli Taluk, stood in the name of the 5th respondent, Patta No.1322 to the properties situated in S.No.559/2B to an extent of 2 Ares in the name of 6th respondent and to grant Joint Patta in petitioner's name to the properties mentioned in the schedule of property as per decree dated 23.09.2016, made in O.S.No.39/2009, on the file of District Munsif Court, Sholinghur.

For Petitioner .. Mr.A.Gouthaman For Respondents .. Mr.E.Balamurugan, Spl.G.P. for RR1 to 3

ORDER

The present Writ Petition has been filed by the petitioner seeking for a direction to the second respondent for cancellation of patta issued to the respondents 4 to 6, based on a decree passed by the Civil Court in O.S.No.39 of 2009, on the file of the District Munsif Court, Sholinghur. 2.Heard both sides.

3.Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents 1 to 3 and made a statement on instructions, that no such representation is available with the Office of the RDO(who is not a party to the proceedings), since he is the competent authority for attending the grievance of the petitioner.

4. The said statement of the learned Special Government Pleader is recorded.

5.In view of the same, nothing survives for consideration in this Writ Petition and hence, the same is dismissed. If the petitioner is so desirous of approaching the concerned RDO, he is at liberty to do the same. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn

To 1.The District Collector, Collectorate, Ranipet, Ranipet District.

2.The Thasildhar, Taluk Office, Arakkonam Taluk, Ranipet District 3.The Village Administrative Officer, Karnavoor Village, Nemeli Taluk, Ranipet District +1cc to the Government Pleader, Highcourt, Madras S.R.No.4350 SSI(CO) SM/24/02/2021 W.P.No.7392 of 2020