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Madras High CourtWP/6209/2014disposed of

T.Venugopal v. The District Collector

2022-03-30Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6209 of 2014 and M.P.No.1 of 2014 T.Venugopal ... Petitioner Vs.

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The District Revenue Officer / Sub Collector, Thiruvannamalai District, Thiruvannamalai.

3.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

4.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.

5.The Village Administrative Officer, Thatchampattu Village, Thiruvannamalai Taluk and District. ... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ or direction or order more particularly in the nature of Writ of Mandamus to direct the respondents to implement the order passed by the second respondent order dated 20.9.2013 in Na.Ka. M4/19282/2013 and issue patta in the name of the petitioner in respect of petitioner lands in Ayan punjai lands in S.No. 22/5 to an extent of 1.76 Acres & S.No. 22/6 to an extent of 1.07 Acres of Thachampattu Village, Tiruvannamalai Taluk.

For Petitioner : Mr.V.Jayaprakash Narayanan for Dr.G.Krushnamurthy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

Writ Petition has been filed for writ of Mandamus to direct the respondents to implement the order passed by the second respondent dated 20.9.2013.

2. The case of the petitioner is that he is the owner of the certain extents of lands in Old S.F.Nos.22/5, 22/6, 22/7 of Thachampattu Village, Tiruvannamalai Taluk and he is doing agriculture in his lands. Originally, those extents of lands were belonged to one Petthu Reddiar and he sold the same to one Govindasamy Reddirar, and the legal heirs of the said Govindasamy Reddiar has sold the said property in favour of one Kamatchi Ammal and the said Kamatchiammal has sold the above said lands to the petitioner herein vide a registered Sale Deed dated 14.02.2012 and the petitioner is in possession of the said property. Thereafter, the petitioner applied for grant of patta in pursuance of the Sale Deed dated 14.02.

2012 and on verification it was found that the patta still stood in the name of one Palani, who is none other the son of Pethu Reddiar. Thereafter the petitioner approached the DRO, Thiruvannamalai and filed petition for cancellation of patta and, the DRO, Thiruvannamalai ordered for enquiry and sought report from the RDO, Thiruvannamalai and the RDO has sent his detailed report to the DRO in his report dated 26.05.2013. Subsequently, the DRO also called the petitioner and other interested parties in respect of the issue in question and had conducted a full fledged enquiry and found that the petitioner is entitled for issuance of patta in respect of lands in S.F.No.22/5 to an extent of 1.76 Acres & S.No. 22/6, to an extent of 1.

07 Acres of Thachampattu Village, Tiruvannamalai Taluk and accordingly he has cancelled the patta and issued order to transfer the patta in the name of the petitioner and directed the Tahsildar, Thiruvannamalai, / 4th respondent and 5th respondent to enter the petitioner's name in the revenue records and issue patta in his name by an detailed order dated 20.09.2013. Thereafter, the petitioner submitted an application on 24.10.2013 to make entry in all records of the revenue department to the respondents 4 and 5, based on the order passed by the DRO, Thiruvannamalai. Inspite of repeated representations, the respondents 4 and 5 have failed to comply the order of the 2nd respondent dated 20.09.2013. Aggrieved by the same, the petitioner is constrained to approach this Court by filing this Writ Petition.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the 4th respondent to implement the order dated 20.09.2013 passed by the 2nd respondent within a reasonable time as fixed by this Court.

4. The learned Special Government Pleader appearing for the official respondents has no serious objections for the said order being passed and he also submitted that necessary instructions will be given to the official respondents to comply the order of the 2nd respondent within a specified time.

5. This Court, considering the above facts and circumstances, without going into the merits of the case, directs the 4th respondent to implement the order of the 2nd respondent dated 20.09.2013, within a period of two weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above observations. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar sk To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The District Revenue Officer / Sub Collector, Thiruvannamalai District, Thiruvannamalai.

3.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

4.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.

5.The Village Administrative Officer, Thatchampattu Village, Thiruvannamalai Taluk and District. +1cc to Mr.V.Jaisankar, Advocate SR.No.21945 +1cc to Government Pleader SR.No.22272 W.P.No.6209 of 2014 PL(CO) GMY(19/04/2022)