P.Kanthavel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.18021 of 2025 and W.M.P. No.20216 of 2025 P. Kanthavel Petitioner vs.
1.
The District Collector Cuddalore Office of the Collector, Manjakuppam Cuddalore 607 001 2.
The Revenue Divisional Officer Chidambaram 608 001 3.
The Tahsildar No.54, Lalkhan Street Chidambaram 608 001 4.
The Special Officer Parangipettai Panchayat Parangipettai 5.
Dharuman 6.
Rasu 7.
Prakash Respondents Page Nos.1/6
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 1 to 4 from granting residential patta in favour of the respondents/encroachers 5 to 7 in respect of encroached portion of land situated in Survey Field No.286/1 in Pinnathur Village, Parangipettai Panchayat, Chidambaram Taluk within the jurisdiction of the fourth respondent under the regularisation of residential encroachments and issuance of free house site patta scheme as per G.O. (Ms.) No.97 dated 21.02.2025 issued by the Revenue and Disaster Management [LD-1(1)] Department, Government of Tamil Nadu, inasmuch as it offends G.O. (Ms.) No.64 dated 08.02.2022 issued by Revenue and Disaster Management, Land Disposal Wing, 'LD 6(2)' Section, Government of Tamil Nadu. For petitioner Mr. r. Rajavelavan For RR 1 to 3 Mr. K. Suresh Government Advocate For R4 Mr. P. Kumaravel Addl. Govt. Pleader
ORDER
[made by HEMANT CHANDANGOUDAR, J.] The petitioner has filed the present writ petition seeking the issuance of a writ of mandamus, thereby restraining the official respondents from granting residential patta in favour of the private respondents (respondents 5 to 7) in respect of Survey Field No. 286/1, situated in Pinnathur Village, Parangipettai Panchayat, Chidambaram Page Nos.2/6
Taluk. The petitioner contends that the proposed grant of patta is under the scheme titled "Regularisation of Residential Encroachments and Issuance of Free House Site Patta Scheme," in accordance with G.O. (Ms.) No. 97, Revenue and Disaster Management Department [LD-1 (1)], dated 21.02.2025, which falls within the jurisdiction of the fourth respondent.
2. The petitioner claims to be the owner of the land adjoining S.F. No. 286/1 in Pinnathur Village. He asserts that the grant of residential patta to respondents 5 to 7 in respect of the said survey number would adversely impact his agricultural operations. According to him, the proposed grant would obstruct not only the conduct of agricultural activities on his land but also hinder the movement and transportation of agricultural produce to and from his property.
3. Mr. K. Suresh, learned Government Advocate, has entered appearance and accepted notice on behalf of respondents 1 to 3. Mr. P. Kumaravel, learned Additional Government Pleader, has accepted notice on behalf of the fourth respondent.
Page Nos.3/6
4. The learned Government Advocate, upon receiving instructions from the competent authority, namely, the Sub Collector, Chidambaram, submitted that a decision has already been taken not to grant patta in respect of the land situated in S.F. No. 286/1, Pinnathur Village, Parangipettai Panchayat, Chidambaram Taluk. It was further submitted that the application submitted by the private respondents seeking patta would be considered in respect of land located in a different village.
5. The above submission made by the learned Government Advocate is duly recorded.
6. Without entering into the question of whether the petitioner has the locus standi to maintain this writ petition, and leaving that issue open for consideration in an appropriate proceeding, this writ petition is disposed of in view of the submission recorded above. Consequently, the connected Writ Miscellaneous Petition stands closed. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) Page Nos.4/6
03.06.2025 cad To 1.
The District Collector Cuddalore Office of the Collector, Manjakuppam Cuddalore 607 001 2.
The Revenue Divisional Officer Chidambaram 608 001 3.
The Tahsildar No.54, Lalkhan Street Chidambaram 608 001 4.
The Special Officer Parangipettai Panchayat Parangipettai Page Nos.5/6
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
cad 03.06.2025 Page Nos.6/6