Madras High CourtWP/31795/2025disposed of

A.Rajasekar v. The Sub Collector

2025-09-02Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Writ Petition No.31795 of 2025 A.Rajasekar ... Petitioner Vs.

1.The Sub-Collector, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.

2.The Tahsildar, Office of the Tahsildar, Anthiyur Taluk, Erode.

3.Ramukutty 4.Karunanidhi 6.Angesh ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to consider petitioner's appeal dated 13.05.2025 with reminders dated 31.05.2025 and to dispose and pass an appropriate order on merits and in accordance with law within the stipulated time limit after affording sufficient opportunities to the petitioner as well as other necessary parties on the appeal for cancelling the individual Patta stands in the name of respondents 3 to 5 in Page No.1 of 6

Patta Nos.2676, 2681 & 2682 dated 05.04.2025 issued by the second respondent and to issue a joint Patta including the name of the petitioner in respective R.S.No.278/1, 2 & 3 situating at Ammapettai Village, Anthiyur Village and Erode District.

For Petitioner :

Mr.C.Kulanthaivel For Respondents 1 & 2 : Mr.P.Ganesan, Government Advocate

O R D E R

The petitioner has filed this petition to direct the first respondent to consider petitioner's appeal dated 13.05.2025 with reminders dated 31.05.2025 and to dispose and pass an appropriate order on merits and in accordance with law within the stipulated time limit after affording sufficient opportunities to the petitioner as well as other necessary parties on the appeal for cancelling the individual Patta stands in the name of respondents 3 to 5 in Patta Nos.2676, 2681 & 2682 dated 05.04.2025 issued by the second respondent and to issue a joint Patta including the name of the petitioner in respective R.S.No.278/1, 2 & 3 situating at Ammapettai Village, Anthiyur Village and Erode District.

2. The case of the petitioner is that the petitioner has purchased the Page No.2 of 6

agricultural lands in R.S.No.277/2, 278/1B, 1D, 278/2B, 2C and 279/1 situated at Ammapettai Village, Anthiyur Taluk and Erode District through a registered sale deed dated 04.06.2020 vide Doc.No.1110 of 2020. This being the case, the adjacent land owners on the southern side of the common canals have created many obstructions and encroachment, disturbing the petitioner from utilising the rain water, seepage water as well as the surplus water, which has been passing on the common canals from the western canal of the Mettur Reservoir. Therefore, the petitioner filed a civil suit in O.S.No.29 of 2025 against the adjacent land owners, seeking permanent injunction restraining them from obstructing the rainwater, seepage and surplus water from the Mettur Western Canal irrigation and the said suit is pending till date.

2.1. Thereafter, the adjacent land owners, who have purchased the property on the northern and southern side of the common canal, have created a fraudulent sale deeds vide document Nos.997 and 998 of 2025 dated 12.03.2025 to conceal the common passage rights and common water ways conferred to the petitioner. Based on these sale deeds, a separate individual patta has been issued to the individuals on 05.04.2025 in Patta Nos.2676, Page No.3 of 6

2681 and 2682 on the file of the second respondent by including the common waterways and passage rights belongs to the petitioner. Challenging the same, the petitioner has preferred an appeal before the first respondent, seeking cancellation of separate patta and to issue a joint patta including the petitioner's name for the common waterways and passage rights. However, till date, the said appeal is pending before the first respondent. Hence, the petitioner has come forward with the present writ petition.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to dispose the appeal dated 13.05.2025 filed by the petitioner.

4. Learned Government Advocate appearing for the respondents 1 & 2 submitted that the petitioner's appeal would be considered and orders passed, within a time frame that may be fixed by this Court. Page No.4 of 6

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court directs the first respondent to dispose the petitioner's appeal dated 13.05.2025 on merits and in accordance with law and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order.

This writ petition is disposed of with the aforesaid direction. No costs. 02.09.2025 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.5 of 6

KRISHNAN RAMASAMY,J.

vm To:

1.The Sub-Collector, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.

2.The Tahsildar, Office of the Tahsildar, Anthiyur Taluk, Erode.

02.09.2025 Page No.6 of 6