R.Kaviarasu v. The District Collector Of Thiruvallur
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.33526 of 2025 and W.M.P.No.37669 of 2025 R.KAVIARASU ..Petitioner Vs.
1 THE DISTRICT COLLECTOR OF THIRUVALLUR 2 THE REVENUE DIVISIONAL OFFICER (RDO) THIRUVALLUR- 602 001.
3 THE VILLAGE ADMINISTRATIVE OFFICER KACHUR VILLAGE, UTHUKOTTAI- 602 026.
4 THE TAHSILDAR OF UTHUKOTTAI UTHUKOTTAI- 602 026.
5 THE COMMISSIONERATE OF AGRICULTURE WALLAJAH SALAI, CHEPAUK, TRIPLICANE- 600 005. 6 THE JOINT DIRECTOR OF AGRICULTURE 7 THE ASSISTANT DIRECTOR OF AGRICULTURE 8 THE SUB REGISTRAR UTHUKOTTAI THIRUVALLUR- 602 026.
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9 THE SUPERINTENDENT OF POLICE 10 THE INSPECTOR OF POLICE UTHUKOTTAI TALUKA POLICE STATION UTHUKOTTAI THIRUVALLUR- 602 026.
...Respondents
Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to consider the representation dated 18.07.2025 of the petitioner. For Petitioner : Mr.V.Nandagopalan For Respondents 1 to 7 : Mrs.S.Indhu Bala Additional Government Pleader For Respondent- 8 : Mr.U.Baranidharan Special Government Pleader For Respondents 9 & 10 : Mr.L.Baskaran Government Advocate (Crl.Side) Order Heard Mr.V.Nandagopalan, learned counsel appearing for the petitioner and Mrs.S.Indhu Bala, learned Additional Government Pleader, who takes notice on behalf of respondents 1 to 7, Mr.U.Baranidharan, learned Special Government Pleader, who takes notice on behalf of respondent No.8 and Mr.L.Baskaran, learned Government Advocate (Crl.Side) who takes notice on behalf of respondent Nos.9 and 10. With consent, the main Writ Petition is taken up for final disposal at the stage of 2/8
admission itself.
2. This Writ Petition has been filed seeking for the following relief:- i) For the issuance of a mandamus to direct the first respondent to consider the representation dated 18.07.2025 of the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner purchased a land from one N.K.Dharman and got registered the same in the Office of the sixth respondent vide Document No.910/2021 dated 31.03.2021; that the patta was also issued to the petitioner, bearing patta No.1767, whileso, the respondents Nos.6 and 7, all of a sudden, without even issuing any notice to the petitioner, he, being the owner of the subject property, marking the land for the purpose of putting up agriculture building construction; that, since the act of the respondents is in violation of Articles 14 and 21 of the Constitution, the petitioner made a representation dated 18.07.2025 to the first respondent, District Collector, enclosing all relevant documents, such as, Patta, Sale Deed, Chitta, Adangal and Community Certification; however, as on date, the petitioner has not been favoured with any response, which necessitated the petitioner to approach 3/8
this Court by way of present Writ Petition seeking for the aforesaid relief. 3.1 The learned counsel for the petitioner, therefore, submitted that since the respondents are guilty of inaction in consideration of the petitioner's representation, a direction be issued to them to consider the same within a stipulated period.
4. The learned Additional Government Pleader for respondents 1 to 7 would submit that the petitioner acquired the property by virtue of fabrication of certain documents and forging the signature of a Thasildar; that since the petitioner has acquired the property illegally, patta granted to the petitioner in respect of his property was cancelled as early as on 17.05.2006, and therefore, the petitioner is not entitled to claim any right/title/interest over the subject property, and if at all, the petitioner claims to have any right over the property, the petitioner has to challenge the cancellation of patta dated 17.05.2006, however, the petitioner has not done so, and hence the petitioner is not entitled to the relief sought for in this Writ Petition and hence, prays for dismissal of the Writ Petition. 4/8
5. The learned Special Government Pleader for respondent No.7 also adopted the arguments putforth by the learned Additional Government Pleader for the respondents and submits that the petitioner is not entitled to any relief as sought for in the Writ Petition.
6. In the present case, the petitioner claims to have right over the subject property by virtue of certain documents, such as Patta, Chitta, Adangal and so on. However, as rightly pointed out by the learned Additional Government Pleader for the respondents, since the petitioner has acquired the subject property by fabrication of documents and impersonated himself as Tahsildar and forged the signature of the Tahsildar, owing to such fraud/fabrication/forgery, patta issued to the petitioner has been cancelled by the Revenue Officials on 17.05.2006, and unless and until, the petitioner challenges such cancellation of patta, in the manner known to law, i.e. before the Civil Forum, the petitioner is not entitled to claim any right over the subject property.
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7. In the light of the above, this Court do not find any merit in the Writ Petition and as such, the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
17.09.2025 sd Index : yes/no To 1 THE DISTRICT COLLECTOR OF THIRUVALLUR 2 THE REVENUE DIVISIONAL OFFICER (RDO) THIRUVALLUR- 602 001.
3 THE VILLAGE ADMINISTRATIVE OFFICER KACHUR VILLAGE, UTHUKOTTAI- 602 026.
4 THE TAHSILDAR OF UTHUKOTTAI UTHUKOTTAI- 602 026.
5 THE COMMISSIONERATE OF AGRICULTURE WALLAJAH SALAI CHEPAUK, TRIPLICANE- 600 005.
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6 THE JOINT DIRECTOR OF AGRICULTURE 7 THE ASSISTANT DIRECTOR OF AGRICULTURE 8 THE SUB REGISTRAR UTHUKOTTAI THIRUVALLUR- 602 026.
9 THE SUPERINTENDENT OF POLICE 10 THE INSPECTOR OF POLICE UTHUKOTTAI TALUKA POLICE STATION UTHUKOTTAI THIRUVALLUR- 602 026.
Krishnan Ramasamy,J., sd 7/8
W.P.No.33526 of 2025 17.09.2025 8/8