S.Manickavel v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.
of 2024 S.Manickavel ... Petitioner Vs.
1. The Revenue Divisional Officer Villupuram, Villupuram District
2. The District Collector Villupuram, Villupuram District
3. The Tahsildar Villupuram, Villupuram District
4. G.Mahadevan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the 1 st respondent to consider the petitioner's representation dated 17.10.2023 with regard to the land comprised in S.No.264/7, Sengadu Village, Villupuram Taluk, Villupuram District and pass orders therein after due enquiry in accordance with law within a stipulated time limit.
For Petitioner : Mr.S.Subramanian For R1 to R3 : Mr.A.Selvendran Special Government Pleader 1/6
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 1 st respondent to consider the petitioner's representation dated 17.10.2023 with regard to grant of Patta for the land comprised in S.No.264/7, measuring an extent of 0.14.0 Hectares in Sengadu Village, Villupuram Taluk, Villupuram District, which is a Poramboke land belonging to the Government in which the petitioner has been in peaceful possession and enjoyment.
2. The learned counsel for the petitioner submitted that the 4 th respondent herein is attempting to trespass into the said land and carry on quarrying of red soil from there stating that he purchased the said land from one Narkarunai Mary. On enquiry, the petitioner came to known that some revenue records have been fabricated to show as if, the said land has been assigned to one Narkarunai Mary but, no such person is in existence there. Immediately, the petitioner drew the attention of the respondents 1 to 3 in this regard and requested them to enquire and cancel the Patta so granted in the name of Narkarunai Mary. But no action was taken. Subsequently the petitioner submitted his memorandum on 17.10.2023 seeking immediate 2/6
action. However, the official respondents have not chosen to take any action. Hence, the present Writ Petition is filed.
3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 3.
4. Since no adverse order is being passed against the respondents 1 to 3, notice to the respondents 1 to 3 is dispensed with.
5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1 st respondent to consider the petitioner's representation dated 17.10.2023 and issue notice to the petitioner, 4 th respondent herein, interested parties/rival claimants/objectors if any, as the case may be and after issuing notice, conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order. 3/6
6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 28.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The Revenue Divisional Officer Villupuram, Villupuram District
2. The District Collector Villupuram, Villupuram District
3. The Tahsildar Villupuram, Villupuram District 5/6
P.VELMURUGAN. J.
Ksa-2 W.P. No.
of 2024 28.03.2024 6/6