K.Sathish v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Sathish ..

Petitioner Vs.

1. The Commissioner Revenue Administration & Disaster Management Commissionerate of Revenue Administration Ezhilagam, Chepauk, Chennai.

2. The District Collector Collectorate, Chengalpattu District.

3. The Adidravidar and Tribal Welfare Officer AdiDravidar and Tribal Welfare Office District Collectorate Campus

4. The District Revenue Officer DRO's Office, Chengalpattu Distirct.

5. The Thasildar Taluk Office, Madurantakkam

6. The Thasildar Taluk Office, Cheyyur ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 to cancel the patta granted to the encroachers in Survey Numbers.66/3, 70, 230, 231, 232, 234 and 235 of Kayanallur, Illedu and Madhura Villages at Chengalpattu District, evict them from the graze lands and hand over the 73.79 acres of land back to the Adi Dravidar people based on petitioner's written representation dated 02.05.2022. For the Petitioner : Mr.Thangavadhanabalakrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.Thangavadhanabalakrishnan and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 6.

2. The petitioner is challenging the patta granted to individual persons, however, those persons to whom patta is granted, and the same is being assailed here, are not made as parties to the writ petition.

3. Such petition cannot be entertained. The patta is granted in favour of the persons in the year 1980 and the same is being assailed after a period of forty two years. Even otherwise, against the allotment of patta, the aggrieved party has the remedy of appeal under the Patta Passbook Act, 1983.

4. In view of that, the writ petition, as such, stands dismissed. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Commissioner Revenue Administration & Disaster Management Commissionerate of Revenue Administration Ezhilagam, Chepauk, Chennai.

2. The District Collector Collectorate, Chengalpattu District.

3. The Adidravidar and Tribal Welfare Officer AdiDravidar and Tribal Welfare Office District Collectorate Campus

4. The District Revenue Officer DRO's Office, Chengalpattu Distirct.

5. The Thasildar Taluk Office, Madurantakkam

6. The Thasildar Taluk Office, Cheyyur

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

(drm) 12.10.2023