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Madras High CourtWP/28571/2023disposed of

G.Prabhakaran v. The District Collector

2023-10-04Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.28123 of 2023

1. G.Prabhakaran

2. Neelakandan .. Petitioners -vs1. The District Collector, Cuddalore District, Cuddalore.

2. Sub-Collector, Virudachalam Taluk, Virudachalam.

3. The Revenue Divisional Officer, Virudachalam Taluk, Virudachalam.

4. The Tahsildar, Virudachalam Taluk.

5. The Village Administrative Officer, Pallipattu Village, Virudhachalam Taluk.

6. Pallipattu Village Panchayat, Pallipattu Village, Virudhachalam Taluk, Rep. by its President.

7. Roja

8. Rajendran

9. Venkatesan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action over the petitioner's representation dated 26.6.2023 and to determine the genuineness of the patta in DKT/625/ 1420 dated 18.12.2011 as claimed by respondents 7 to 9 in Survey No.7/9A of Pallipattu Village, Virudhachalam and in the event of the same is found to be fictitious or fabricated and to consequentially direct the respondents to remove the encroachment made by respondents 7 to 9 in Survey No.7/9A of Pallipattu Village, Mangalampettai Post, Virudhachalam Taluk, Cuddalore District. For the Petitioners :

Mr.P.Paramasivadoss For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for RR 1 to 5.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Paramasivadoss, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 5.

2. The petitioners are seeking directions against respondents to make an enquiry about the genuineness of the patta issued in favour of respondent Nos. 7 to 9.

3. If a patta issued is challenged, then the remedy is available under the Tamil Nadu Patta Passbook Act, 1983. The petitioners may avail the statutory remedy in case the petitioners would come within the purview of 'aggrieved party'.

With this observation, the writ petition is disposed of. There will be no order as to costs. W.M.P.No.28123 of 2023 filed by the petitioners seeking to permit them to file a single writ petition is allowed and disposed of.

(S.V.G., CJ.) (D.B.C., J.) 04.10.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Sub-Collector, Virudachalam Taluk, Virudachalam.

3. The Revenue Divisional Officer, Virudachalam Taluk, Virudachalam.

4. The Tahsildar, Virudachalam Taluk.

5. The Village Administrative Officer, Pallipattu Village, Virudhachalam Taluk.

04.10.2023