C.Anbazhagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Anbazhagan ... Petitioner Vs.
1.The District Collector, Thiruvannamalai District.
2.The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.
3.The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.
4.Selvaraj ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to comply with the proceedings issued by the first respondent in Vo.Mu.(A2)/ 12717/ 2020 dated 20.06.2020 and the subsequent proceedings of the second respondent in Vo.Mu.A4/1210/2021 dated 01.07.2021 within a time frame fixed by this Hon'ble Court.
For Petitioner : Mr.K.C.Karl Marx For Respondents : Mr.G.Krishna Raja Additional Government Pleader 1/6
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to comply with the proceedings issued by the first respondent in Vo.Mu.(A2)/ 12717/ 2020 dated 20.06.2020 and the subsequent proceedings of the second respondent in Vo.Mu.A4/1210/2021 dated 01.07.2021 within a time frame fixed by this Court.
2.The case of the petitioner is that the petitioner's father was allotted land in S.No.17/6 with old Patta No.196, UDR Patta No.101 in Arungunam Village in proceedings DKT 163, 375 - 378 / 71 and the said land is a panchami land. Whileso, one Seshapillai obtained patta for the said land and sold the same to the fourth respondent and thereafter the fourth respondent has obtained patta in his name. Hence, the petitioner made representation to the respondents seeking to cancel the patta granted in favour of the fourth respondent and since the same has not yet been considered, has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that the first respondent vide proceedings dated 20.06.2020 forwarded the representation of the petitioner to the third respondent for 2/6
necessary action and the second respondent also vide proceedings dated 01.07.2021 forwarded the representation of the petitioner to the third respondent for necessary action, however, the third respondent has not yet passed any orders. Hence, this Court may issue direction to the third respondent to comply with the proceedings of the first respondent dated 20.06.2020 and the subsequent proceedings of the second respondent dated 01.07.2021 and to pass appropriate orders within a reasonable time frame.
4.The learned Additional Government Pleader submitted that the representation of the petitioner will be considered in the manner known to law.
5.Heard the arguments advanced on either side and perused the materials available on record.
6.Though the petitioner claim that the subject property is panchami land, he did not produce any record to substantiate the same, however, produced copy of the proceedings DKT 163, 375 - 378/ 71 before this Court.
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7.The petitioner claim that one Seshapillai obtained patta for the subject property and sold the same to the fourth respondent and thereafter the fourth respondent has obtained patta in his name. Though the petitioner claim he derive title in respect of the subject property from his father, it is purely civil dispute and his grievance could be ventilated only before the competent civil Forum. Without doing so, the petitioner making representation to the revenue Officials and filing writ petition is not sustainable. Hence, the prayer sought for in this writ petition cannot be granted. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. 8.This writ petition is dismissed with the above observation. No costs.
28.06.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6
To 1.The District Collector, Thiruvannamalai District.
2.The Revenue Divisional Officer, Cheyyar, Thiruvannamalai District.
3.The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.
M.DHANDAPANI,J.
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