K.Raji Pillai v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.25578 of 2021 and WMP.No.26995 of 2021 K.Raji Pillai

...Petitioner

Vs

1. The Collector,, Kallakurichi District, Kallakurichi 606 202

2. Revenue Divisional Officer, Kallakurichi, Kallakurichi District

3. The Tahsildar, Office of the Tahsildar, Sankarapuram, Kallakurichi District 4.Radhakrishnan

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 27.05.2021 to cancel the illegal patta No.715 issued and to issue the patta to the legal heirs of Kesavan in the said agricultural land of survey No.151/1 to an extent of 0.81.5 acres (2.01 cents) at Sathapudur Village, Sankarapuram Taluk, Kallakurichi.

For Petitioner : Mr.T.Sivagnasambandan For Respondents For R1 to 3 : Mr.A.M.Ayyadurai, Government Advocate

ORDER

This writ petition is filed for direction directing the third respondent to consider the petitioner's representation dated 27.05.2021 to cancel the illegal patta No.715 issued and to issue the patta to the legal heirs of Kesavan in the said agricultural land of survey No.151/1 to an extent of 0.81.5 acres (2.01 cents) at Sathapudur Village, Sankarapuram Taluk, Kallakurichi.

2. The petitioner submitted representation challenging the patta issued in favour of the fourth respondent before the first respondent. There is appeal provision as contemplated under Section 12 of the Tamilnadu Patta Passbook Act, 1983 challenging the patta.

3. Considering the above, the petitioner is directed to file fresh appeal before the second respondent as against the issuance of patta in favour of the fourth respondent. On receipt of the same, the second respondent is directed to issue notice to the petitioner and the fourth respondent herein and other counter parties, if any, and, after giving them opportunity of hearing, pass orders on merits and in accordance with law.

4. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar lok To

1. The Collector, Kallakurichi District, Kallakurichi 606 202.

2. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District

3. The Tahsildar, Office of the Tahsildar, Sankarapuram, Kallakurichi District.

+1cc to the Government Pleader, S.R.No.62979 WP.No.25578 of 2021 BR[co] NSK 16/12/2021