Alagappan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Alagappan S/o.Rajangam ... Petitioner Vs.
1.
The District Collector Cuddalore District Cuddalore.
2.
The Revenue Divisional Officer Cuddalore Revenue Division O/o.Cuddalore District Collector Cuddalore.
3.
The Assistant Director of Panchayat O/o. Cuddalore District Collector Cuddalore.
4.
The Tahsildar Page Nos.1/6
5.
The Block Development Officer 6.
The Executive Officer Kurinchipadi Town Panchayat 7.
Sivasankaran S/o.Uthandi ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 6 to remove the encroachment in public pathway made by the 7th respondent and cancel the patta issued in favour of the 7th respondent in Survey No.387/16 based on the petitioner's representation dated 07.11.2024. For Petitioner :
Mr.D.Ashok Kumar For Respondents :
Mr.M.S.Arasakumar Government Advocate for R1 to R4 Mr.G.Velu Additional Government Pleader for R5 and R6 Page Nos.2/6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land in S.No.387/16 in Ellappanpettai Village, Kurinchipadi Taluk, Cudalore Taluk, Then Arcot Vallalar District (now Cuddalore District)' {hereinafter 'said land' for the sake of brevity}.
2. At the outset, we find that the prayer reads as follows: 'For the reasons stated above in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to iss a Writ of Mandamus or any appropriate writ, directing or order in the nature of the writ, directing the respondents 1 to 6 to remove the encroachment in public pathway made by the 7th respondent and cancel the patta issued in favour of the 7th respondent in Survey No.387/16 based on the petitioner's representation dated 07.11.2024.'
3. It is rather unfortunate that prayer gives only survey number without name of Village, Taluk and District. Ideally, Registry ought to have raised an objection.
Page Nos.3/6
4. We find that the captioned WP can be dismissed on the short point that the prayer is vague. Nonetheless, considering the facts and circumstances of the case, we made an exception and heard the matter. It is very clear that prayer of writ petitioner is to cancel the patta issued to R7. We are not inclined to entertain the captioned WP as the writ petitioner has to seek redressal either under the appropriate Statute or by filing civil suit. Rights and contentions of writ petitioner are preserved to take recourse to appropriate Statute or to take recourse to file civil suit. Captioned WP fails to pass muster in the Admission Board and the same is dismissed albeit with observation and preservation of rights as above. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 10.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The District Collector Cuddalore District Cuddalore.
2.
The Revenue Divisional Officer Cuddalore Revenue Division O/o.Cuddalore District Collector Cuddalore.
3.
The Assistant Director of Panchayat O/o. Cuddalore District Collector Cuddalore.
4.
The Tahsildar 5.
The Block Development Officer 6.
The Executive Officer Kurinchipadi Town Panchayat Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 10.12.2024 Page Nos.6/6