R.Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI R.Palani ... Petitioner vs.

1. The District Collector, Kanchipuram District, Collecotrate, Kanchipuram - 631 501.

2. The District Revenue Officer, Sriperumbudur, Sriperumbudur Taluk - 602 105, Kanchipuram District.

3. The Tahsildar, Kundrathur Taluk, Kundrathur - 600 069, Kanchipuram District.

4. Annammal

5. Chandraleka ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to consider the 1/5

petitioner's representation dated 14.03.2022, for cancellation of patta in Patta No.24 and issue a Patta for the petitioner's name. For Petitioner : Mr.R.Anbalagan For Respondents : Mr.U.Baranidharan Additional Government Pleader [R1 to R3]

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the third respondent to consider the petitioner's representation dated 14.03.2022, seeking cancellation of patta in Patta No.24 and to issue Patta in favour of the petitioner.

2. Since no adverse order is being passed against the respondents 4 and 5, notice to respondents 4 and 5 is dispensed with.

3. It is the case of the petitioner that the petitioner is in possession of the agricultural lands bearing S.No.442/2 of an extent of 0.52.0 Hectare situated in Gerugambakkam Panchayat. Since the Patta in respect of the above said property stands in the name of the fourth respondent, the petitioner made a representation dated 14.03.2022 before the respondents 1 to 4 seeking to issue Patta in favour of the petitioner. Since the same was 2/5

not considered by the respondents 1 to 4, the petitioner has filed the present Writ Petition.

4. Though very many grounds have been raised by the learned counsel on either side at the time of arguments, however, when this Court expressed its opinion that, the issue involved in the present case pertains to disputed questions of facts and is purely a civil dispute between the petitioner and the private respondents and the same cannot be entertained under Article 226 of the Constitution, the learned counsel for the petitioner restricted his prayer and sought permission of this Court to file appropriate Suit before the Competent Civil Court.

5. In view of the aforesaid stand taken by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, grants liberty to the petitioner to canvass all his grievances before the Jurisdictional Civil Court.

6. With the above observation and directions, this Writ Petition is 3/5

disposed of. No costs.

10.10.2022 RAP Index :

Yes/No Speaking order :

Yes/No To:

1. The District Collector, Kanchipuram District, Collecotrate, Kanchipuram - 631 501.

2. The District Revenue Officer, Sriperumbudur, Sriperumbudur Taluk - 602 105, Kanchipuram District.

3. The Tahsildar, Kundrathur Taluk, Kundrathur - 600 069, Kanchipuram District.

M.DHANDAPANI, J.

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