A.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Ramasamy ... Petitioner Vs.

1.The District Collector, District Collectorate, Salem District, Salem.

2.The Revenue Divisional Officer, Revenue Divisional Office, 3.The Tahsildar, Taluk Office, 4.The Zonal Deputy Tahsildar No.I, Taluk Office, 5.The Special Tahsildar, (Adi-Dravidar Welfare)

6.The Sub Registrar, Sub Registrar Office, 7.Kalimuthu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to consider and dispose the petitioner's representation dated 31.03.2021 and consequently direct the 1st and 2nd respondents to take strict action against the said kalimuthu and the Government authorities who effected the change of name in patta in his favour without conducting proper enquiry and to cancel the name of the said Kalimuthu in the patta No.1309. For Petitioner : Mr.N.Saravanan For R1 to R6 : Mr.T.Arun Kumar Additional Government Pleader For R7 : Mr.L.Rajendran

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 31.03.2021.

2. The petitioner submitted a representation to the District Collector on 31.03.2021 on the basis that the subject property is a DC land. Accordingly, a request was made to cancel the patta granted and to assign the lands in his favour.

3. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 6 made a submission based on the counter that in respect of the subject property patta has already been granted based on the documents available.

4. The learned counsel for the 7th respondent made a submission that the writ petitioner has already instituted a suit in O.S.No.305 of 2005, which was dismissed on merits on 20.01.2023. Since, the Civil Suit instituted by the petitioner was dismissed, the representation submitted by the petitioner to the District Collector cannot be considered and if at all the petitioner is aggrieved, he has to prefer an appeal in respect of the judgment and decree passed in the civil suit. If at all any other allegations are made by the petitioner to protect his lands, if any assigned, then he is at liberty to initiate all appropriate actions under the relevant statutes in force.

5. With this liberty, this Writ Petition stands dismissed. No costs. 25.08.2023 Jeni Index : Yes Speaking order To 1.The District Collector, District Collectorate, Salem District, Salem.

2.The Revenue Divisional Officer, Revenue Divisional Office, 3.The Tahsildar, Taluk Office, 4.The Zonal Deputy Tahsildar No.I, Taluk Office,

5.The Special Tahsildar, (Adi-Dravidar Welfare) 6.The Sub Registrar, Sub Registrar Office,

S.M.SUBRAMANIAM, J.

Jeni 25.08.2023