D.Anjalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI D. Anjali ... Petitioner -vs1 The District Collector Kancheepuram District, Kancheepuram 2 The Revenue Divisional Officer, Kancheepuram District, Kancheepuram 3 The Tashildar, Kancheepuram District, Kancheepuram 4 S. Ranganathan ... Respondents Prayer- Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to cancel the patta in the name of Ranganathan s/o Subburayan and issue a fresh patta to petitioner name to an extent of 0.03 cent land at Plot no-34 Survey No.542 1/5

Melkathirpoor, Kanchipuram Taluk and District by considering petitioner's representation dated 24.05.2022 and pass orders. For Petitioner :

Mr. G. Punniakoti For Respondents :

Mr. U. Baranidharan Additional Government Pleader

O R D E R

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking a to issue a Writ of Mandamus, directing the respondents to cancel the patta in the name of Ranganathan s/o Subburayan and issue a fresh patta to the petitioner to an extent of 0.03 cents at Plot no-34 Survey No.542 Melkathirpoor, Kanchipuram Taluk and District by considering petitioner's representation dated 24.05.2022.

3. The claim of the petitioner is that the 3rd Respondent issued the Plots Rights Certificate to the petitioner's husband/Deivasigamani to an extent of 0.03 cent land at Plot No.34, Survey No.542, Melkathirpoor, Kancheepuram Taluk and District. Whileso the 4th Respondent/S. Ranganathan herein allegedly 2/5

obtained patta in his name. Hence the petitioner has given a representation to the respondents to cancel the patta issued in favour of the 4th Respondent/S.Ranganathan on 24.05.2022, but, the same was not considered. As the petitioner's husband/Deivasigamani is no more the petitioner has filed this writ petition with the afore said prayer.

4. Since no adverse order is passed against the 4th respondent notice to 4th respondent dispensed with.

5. The learned counsel for the petitioner submits that it would be suffice if this Court issues a direction to the respondents to consider his representation dated 24.05.2022 and pass orders.

6. Heard both sides and perused the materials available on record.

7. On perusal of the patta copy this Court finds that patta was granted to the 4th respondent in respect of Survey No.728 whereas the petitioner claims is in respect of the Survey No.542. Such being the case, there is no merit in the submissions made by the learned counsel appearing for the petitioner. Hence this writ petition is devoid of merits. Accordingly this writ petition is dismissed. 3/5

No order as to costs. However the petitioner is at liberty to move before the Civil Court in accordance with law, instead of agitating his claim before the revenue authorities.

27.10.2022 smn Index: Yes/No To 1 The District Collector Kancheepuram District, Kancheepuram 2 The Revenue Divisional Officer, Kancheepuram District, Kancheepuram 3 The Tashildar, Kancheepuram District, Kancheepuram 4/5

M.DHANDAPANI, J.

smn 27.10.2022 5/5