K.Sivashanmuganathan, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.31334/2019 [Video Conferencing] K.Sivashanmuganathan ... Petitioner

Versus

1. The State of Tamil Nadu rep.by the Secretary to Government Revenue Department, Fort St George Chennai-9.

2. The District Revenue Officer, Villupuram District, Villupuram.

3. The Tahsildar Ulundurpet Taluk Villupuram District.

... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to modify the entries and issue patta in respect of S.No.110/1F in favour of the petitioner by considering the representation dated 24.06.2019 as per section 10 of the Tamil Nadu Patta Passbook Act, 1983. For Petitioner :

Ms.K.Jenitha For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) The petitioner herein had filed the present writ petition in the nature of a mandamus seeking consideration of his representation dated 24.06.2019 which representation was given for grant of patta with respect to the lands in S.No.110/1F.

(2) It is claimed by the petitioner whose mother is Mrs.Indira and father is Mr.C.Kannan, that his mother had settled the property in his name and thereafter, he had approached the revenue authorities seeking grant of patta. In that connection, he had given a representation on 24.06.2019 and since no orders have been passed, it necessitated the petitioner to file the present writ petition. (3) The learned Government Advocate forwarded an order of the Sub-Collector, Tirukovilur dated 27.02.2019, in Na.Ka.Aa3/6253/2018, wherein they have stated that the petitioner herein or his mother Mrs.Indira are not entitled for grant of patta. It has been claimed that the mother of the petitioner Mrs.Indira had already sold the property to Narayanan.

It is contended by the learned Government Advocate that the writ petition, therefore, cannot be maintained since there is no land for which patta can be granted to the petitioner and that the said land had already been conveyed. It is claimed that subsequent to such conveyance, the mother of the petitioner had executed the Settlement Deed, which naturally is, non est in the eyes of law.

(4) In view of such categorical statement and in view of such orders, I am afraid that no relief can be granted to the writ petitioner.

Hence, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar AP To

1. The Secretary to Government State of Tamil Nadu Revenue Department, Fort St George Chennai-9.

2. The District Revenue Officer, Villupuram District, Villupuram.

3. The Tahsildar Ulundurpet Taluk Villupuram District.

+1cc to M/s.Malath Devapriyan, Advocate, S.R.No.39393 +1cc to the Government Pleader, S.R.No.39399 WP.No.31334/2019 PL(CO) SU(25/08/2021)