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Madras High CourtWP/32402/2014dismissed

M.Palani v. The District Collector

2021-12-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32402 of 2014 M.Palani ... Petitioner vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 601.

2.The Revenue Divisional Officer, Tiruvannamalai - 606 601.

3.Velu ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to pass final order or appropriate order or orders on the basis of the enquiry conducted by the 2nd respondent on 09.04.2013 pursuant to the notice issued by the 2nd respondent herein in Letter No.A3/171/2013 dated 22.03.2013 within a reasonable time to be fixed by this Court.

For Petitioner : Mr.T.Dhanyakumar For R1 and R2 : Mr.P.Baladhandayutham Special Government Pleader For R3 : Mr.S.Vediappan

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 2nd respondent herein to pass final order or appropriate order or orders on the basis of the enquiry conducted by the 2nd respondent on 09.04.2013 pursuant to the notice issued by the 2nd respondent herein in Letter No.A3/171/2013 dated 22.03.2013 within a reasonable time to be fixed by this Court.

2. The case of the petitioner is that the petitioner purchased the land ad-measuring to an extent of 97-1/2 cents out https://hcservices.ecourts.gov.in/hcservices/

of a total extent of 1.95 acres comprised in Old.S.No.58/3 and Old Patta No.335 situated at Narthampoondi Village, Tiruvannamalai Taluk and District. Immediately thereafter, the petitioner applied for separate patta. However, the 3rd respondent herein have purchased the remaining extent of 97-1/2 cents of land from a person who has no title over the property. Therefore, the petitioner repeatedly sent several representations for issuance of separate patta for the land purchased by him.

3. On the representations, the 2nd respondent issued notice dated 09.12.2011 to the petitioner and the 3rd respondent to attend enquiry to be held on 21.12.2011. Thereafter, the petitioner and the 3rd respondent attended enquiry and even then, no order has been passed. While pending the writ petition, the 2nd respondent passed order dated 18.05.2017 and rejected the claim of the petitioner.

4. Further, on perusal of the counter affidavit dated 05.02.2020 filed by the 2nd respondent, revealed that the petitioner purchased the land comprised in S.No.75/9. Therefore, the patta could not be transferred in the name of the petitioner. In fact, the petitioner's request was already considered and rejected by the 2nd respondent by an order dated 23.02.2012. Therefore, the writ petition itself is devoid of merits and it is liable to dismissed.

5. Accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar dm To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 601.

2.The Revenue Divisional Officer, Tiruvannamalai - 606 601. +1cc to Mr.T.Dhanyakumar, Advocate SR. No.65934 W.P.No.32402 of 2014 BR (CO) PR (28/12/2021) https://hcservices.ecourts.gov.in/hcservices/