Devendiran v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Devendiran ... Petitioner Vs.

1. The State, rep. by its Secretary, Revenue Department, Secretariat, Chennai.

2. The District Collector, Collectorate Office, Tiruvannamalai District.

3. The District Revenue Officer, Collectorate Office, Tiruvannamalai District.

4. The Revenue Divisional Officer, RDO Office, Arni Taluk, Tiruvannamalai District.

5. The Tahsildar, Tahsildar office,

6. The Village Administrative Officer, VAO Office, Alliyalamangalam Village & Post,

7. Ramasamy

8. Geetha

9. Kantha

10. Babu

11. Balakrishnan

12. Moorthy

13. Subramani ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India seeking issuance of a writ of mandamus, directing the respondents 2 to 6 to consider and take necessary action based on the petitioner's representations dated 18.12.2023, 11.03.2024 and 21.05.2024, requesting to remove the encroachments done by the respondents 7 to 13 in the Grama Natham comprised in survey No.248/1, Alliyalamangalam Village and Post, Polur Taluk, Tiruvannamalai District measuring an extent of 1.30.0 hectares and to cancel the patta issued to the above mentioned lands, within a time frame to be fixed by this court.

For Petitioner : Mr.S.Silambuselvan For Respondents : Mr.K.Karthik Jagannath, Govt. Advocate

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking direction to the respondents 2 to 6 to consider and take necessary action based on the petitioner's representations dated 18.12.2023, 11.03.2024 and 21.05.2024, requesting to remove the encroachments made by the respondents 7 to 13 in the Grama Natham comprised in survey No.248/1, Alliyalamangalam Village and Post, Polur Taluk, Tiruvannamalai District measuring to an extent of 1.30.0 hectares and to cancel the patta issued to the above mentioned lands, within a time frame to be fixed by this court.

2.Mr.K.Karthik Jagannath, learned Government Advocate takes notice for the respondents 1to 6 and produced a written instruction given by the Tahsildar, Polur, dated 24.09.2024.

3. In the said written instruction, it is stated that the land measuring to an extent of 1.30.0 Hectare in survey No.248/1 in Alliyamangalam village, Pollur Division was classified as Grama Natham, as per UDR- A register. Out of 1.30.0 Hectare, patta was granted to 12 persons, as mentioned therein, to an extent of 0.01.5 ares each. However, the persons who obtained patta in their favour, have not been in possession of the lands by constructing house. Hence, action has been taken to cancel the patta granted in their favour.

4. Considering the narrow scope of the prayer made in the writ petition, without going into the merits of matter, we direct the authorities concerned to proceed further with regard to the cancellation of patta, if there was any violation of the proceedings, at the time of granting assignment patta in favour of the said 12 persons.

5. The writ petition is disposed of accordingly. There shall be no

order as to costs.

(D.K.K., A.CJ.) (M.J.R.J.) 25.09.2024 Internet: Yes/No Index : Yes/No mst To

1. The Secretary, Revenue Department, Secretariat, Chennai.

2. The District Collector, Collectorate Office, Tiruvannamalai District.

3. The District Revenue Officer, Collectorate Office, Tiruvannamalai District.

4. The Revenue Divisional Officer, RDO Office, Arni Taluk, Tiruvannamalai District.

5. The Tahsildar, Tahsildar office,

6. The Village Administrative Officer, VAO Office, Alliyalamangalam Village & Post,

THE HON'BLE ACTING CHIEF JUSTICE and M.JOTHIRAMAN , J.

mst 25.09.2024