Sellappappu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.16587, 16588 and 16590 of 2023 1.Sellappappu 2.Nallammal 3.Jeyamani 4.Mathiyalagan 5.Dharmalingam 6.Ayyakkannu 7.Duraisamy 8.Mani 9.Shanmugam 10.Subramani 11.Prakasam 12.Raju 13.Chitra

14.Subathra 15.Baskar 16.Kaliyammal 17.Manimekalai 18.Kamalam 19.Mallika 20.Pushparani 21.Mallika 22.Manjula 23.P.Selvakumar ... Petitioners Vs.

1. The District Collector, O/o.The Collectorate, Tiruchengodu Main Road, Namakkal - 637 001.

2. The Revenue Divisional Officer, Paramathi Velur Road, Tiruchengodu, Namakkal District - 637 211.

3. The Tahsildar, Paramathi Velur Road, Tiruchengodu, Namakkal District - 637 211.

4. The Welfare Officer, Adi-Dravidar and Tribal Welfare Department, O/o. The Collectorate, Tiruchengodu Road, Namakkal District - 637 001.

5. The Special Tahsildar, Adi-Dravidar and Tribal Welfare Department, O/o. The Collectorate, Tiruchengodu Road, Namakkal District - 637 001.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records to the impugned order passed by the 3rd respondent the welfare officer of the Adi-Dravidar and Tribal Welfare, Namakkal vide Lr.No.Na.Ka. No.29211/04/D2 dated 01.11.2007 to cancel the patta and quash the same order illegal and violation and consequently directing the respondents to consider the petitioner representation dated 06.08.2022, 28.11.2022 and 05.12.2022 to issue a fresh patta in favour of the petitioner and other petitioners.

For Petitioners : Mr.Anbalagan.G For Respondents : Mr.D.Ravichander, Special Government Pleader

O R D E R

The writ petition in W.P.No.17128 of 2023 has been filed against the proceedings dated 01.11.2007 issued by the 3rd respondent.

2. Based on the complaint, free patta granted to the Adi-Dravidar Community people had been cancelled through the impugned proceedings dated 01.11.2007. The petitioners are challenging the said cancellation order now, after a lapse of about 151⁄2 years.

3. It is not made clear that whether the petitioners have preferred an appeal against the order of cancellation of free patta. Writ against an order passed in the year 2007 is directly hit by the principles of latches and if at all any grievance exists, the petitioners have to approach the competent authority in the manner contemplated. If there is a dispute regarding the title, then also the petitioners have to approach the competent Civil Court. However, writ proceedings instituted after a lapse of 151⁄2 years from the date of passing of the proceedings cannot be entertained.

Accordingly, the writ petition in W.P.No.17128 of 2023 stands dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.

13.06.2023 skr Index : Yes Speaking order To

1. The District Collector, O/o.The Collectorate, Tiruchengodu Main Road, Namakkal - 637 001.

2. The Revenue Divisional Officer, Paramathi Velur Road, Tiruchengodu, Namakkal District - 637 211.

3. The Tahsildar, Paramathi Velur Road, Tiruchengodu, Namakkal District - 637 211.

4. The Welfare Officer, Ado-Dravidar and Tribal Welfare Department, O/o. The Collectorate, Tiruchengodu Road, Namakkal District - 637 001.

5. The Special Tahsildar, Adi-Dravidar and Tribal Welfare Department, O/o. The Collectorate, Tiruchengodu Road, Namakkal District - 637 001.

S.M.SUBRAMANIAM, J.

skr 13.06.2023