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Madras High CourtWP/28867/2019dismissed

Raman v. Tjhe District Revenue Officer

2024-03-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. No.28608 of 2019 Raman ... Petitioner Vs.

1. The District Revenue Officer Villupuram, Villupuram District

2. Revenue Divisional Officer Kallakurichi, Villupuram District

3. The Tahsildar Kallakurichi, Villupuram District

4. Annamalai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned proceedings issued by the 1st respondent in P.M.AA3/7195/2018 dated 30.08.2019 and quash the same. For Petitioner : Mr.T.Balachandran For R1 to R3 : Mr.T.Arunkumar Additional Government Pleader 1/4

ORDER

This Writ Petition is filed seeking to issue a Writ of Certiorari calling for the records relating to the impugned proceedings issued by the 1st respondent in P.M.AA3/7195/2018 dated 30.08.2019 whereby, the 1st respondent cancelled the Patta Nos.404, 405 and 406, granted to the petitioner and his family members, based on the complaint given by a third party namely the 4th respondent herein.

2. A reading of the impugned order passed by the 1st respondent clearly shows that the petitioner has violated the norms and two other persons in his family have obtained Pattas by misrepresentation. Further, it is a draining place of excess water over flows from the Lake and it is also against the Section 15(1) of the Tamil Nadu Survey and Boundaries Act, 1923. Therefore, the Pattas were cancelled.

3. It is not an agricultural land and it is only a place meant for draining excess/over flow water from the Lake and if, the petitioner is 2/4

allowed to occupy the land, it will difficult to drain the over flow of excess water from the Lake. Under these circumstances, this Court does not find any perversity in the impugned order passed by the 1st respondent.

4. Accordingly, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. 12.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 To

1. The District Revenue Officer Villupuram, Villupuram District

2. Revenue Divisional Officer Kallakurichi, Villupuram District

3. The Tahsildar Kallakurichi, Villupuram District 3/4

P.VELMURUGAN. J.

Ksa-2 W.P. No.28867 of 2019 12.03.2024 4/4