T.Gunasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.23040 of 2019 and W.M.P.No.22727 of 2019 T.Gunasekaran

...Petitioner

Vs

1. The District Collector, Office of the District Collector, Sathuvacheri, Vellore District.

2. The Revenue Divisional Officer, Vellore District.

3. The Tahsildar, Vellore and District, Katpadi Taluk, Katpadi, Vellore District.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 herein from in any way transferring the Patta No.1733 stands in the name of the petitioner for his lands comprised in S.No.485/4, Serkadu Village, Katpadi Taluk for an extent of 2.30 acres to the third persons in the above said Village herein.

For Petitioner : Mr.Durai Gunasekaran For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus, forbearing the respondents 1 to 3 herein from in any way transferring the Patta No.1733 which stands in the name of the petitioner in respect of his lands comprised in S.No.485/4, Serkadu Village, Katpadi Taluk of an extent of 2.30 acres to the third persons in the above said Village herein. https://hcservices.ecourts.gov.in/hcservices/

2. The case of the petitioner is that the petitioner owned the land comprised in S.No.485/4 situated at Serkadu Village, Katpadi Taluk, Vellore District of an extent of 2.30 acres. The petitioner is in possession and enjoyment of the same and he also issued separate patta in Patta No.397. While that being so, the third persons, viz., Gopi, Nagesh, Mani, Ponnusamy, Vasu, Jeevarathinam, Mahalakshmi, Palani and Siva @ Sivakumar are trying to change the patta in their favour. Therefore, the petitioner submitted a representation on 25.05.2019 to the third respondent stating that the third parties are trying to cancel the patta, which was granted in favour of the petitioner.

3. The learned Special Government Pleader appearing for the respondents submitted that even till today, the patta stands in the name of the petitioner and no one claim any patta for the subject properties so far. That apart, the prayer sought for by the petitioner in this Writ Petition is pre-mature and even till today no persons have filed a petition to cancel the patta in favour of the petitioner.

4. Recording the submission made by the learned Special Government Pleader appearing for the respondents, this Writ Petition is closed. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar kv To

1. The District Collector, Office of the District Collector, Sathuvacheri,Vellore District.

2. The Revenue Divisional Officer, Vellore District.

3. The Tahsildar, Vellore and District, Katpadi Taluk, Katpadi, Vellore District.

+1cc to the Government Pleader, S.R.No.59481 W.P.No.23040 of 2019 SPD(CO) RGA(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/