Madras High CourtWP/35312/2023disposed of

V.Gangaiamaran v. The Special Officer/

2024-02-01Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN V.Gangaiamaran ... Petitioner Vs.

1 The Special Officer/Additional Chief Secretary/ Commissioner of Land Reforms, Tamil nadu Boothan Board and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai 5.

2 The Settlement Officer (South ), O/o. State Survey Department, Chepauk, Chennai 600 005.

3 The District Revenue Officer Tiruppur, Tiruppur District.

4 The Sub Collector, Tiruppur, Tiruppur District

5 The Tahsildar Palladam Taluk, Palladam, Tiruppur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to conduct enquiry for rectifying the mistake and cancel the patta issued in favour of Boothan Board in Patta No.2084 and issue rectified patta in favour of Boothan Board in respect of 1.05 acres donated by Muthusamy Gounder and issue patta to the petitioner in respect of the land situated in S.No.341/4B2, V.Kallipalayam Village, Palladam Taluk, Tiruppur District to the extent of 1.96 acres.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the third respondent to conduct enquiry for rectifying the mistake and cancel the patta issued in favour of Boothan Board in Patta No.2084 and to issue rectified patta in favour of Boothan Board in

respect of 1.05 acres donated by Muthusamy Gounder and issue patta to the petitioner in respect of the land situated in S.No.341/4B2, V.Kallipalayam Village, Palladam Taluk, Tiruppur District to the extent of 1.96 acres.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. The learned Additional Government Pleader appearing for the respondents filed the counter stating that the officials issued notice/summon to the parties and fixed the enquiry date on 24.01.2024 and subsequently the same was adjourned to 27.02.2024.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the third respondent to conduct

enquiry in the manner known to law after issuing notice to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, and pass orders on merit in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs.

01.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The Special Officer/Additional Chief Secretary/ Commissioner of Land Reforms, Tamil nadu Boothan Board and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai 5.

2 The Settlement Officer (South ), O/o. State Survey Department, Chepauk, Chennai 5.

3 The District Revenue Officer Tiruppur, Tiruppur District.

4 The Sub Collector, Tiruppur, Tiruppur District 5 The Tahsildar Palladam Taluk, Palladam, Tiruppur District.

P.VELMURUGAN, J.

mfa 01.02.2024