P.Raghupathi v. The Govt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Ragupathi ..
Petitioner Vs.
1. The Government of Tamil Nadu Rep. by its Secretary to the Government Revenue Department Secretariat, Chennai - 600 009.
2. The Special Commissioner of Land Reforms II Floor, Ezhilagam, Chepauk Chennai - 600 005.
3. The District Collector Coimbatore District, Coimbatore.
4. The Revenue Divisional Officer Coimbatore South, Coimbatore.
5. The Tahsildar Sulur, Coimbatore District.
6. Thangaraj
7. Devaraj
8. Karthick [R6 to R8 impleaded vide order dated 03.12.2018 in W.M.P.No.37089 of 2018 in W.P.No.30944 of 2018] ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the fifth respondent to conduct the enquiry as directed by the fourth respondent in his letter dated 17.07.2018 and submit a report before this Hon'ble Court. For the Petitioner : Mr.K.C.Karl Marx For the Respondents : Mr.K.Karthik Jegannath Government Advocate for R1 to R5 Mr.J.Antony Jesus for R6 to R8
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.K.C.Karl Marx, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 to 5 and Mr.J.Antony Jesus, learned counsel for respondents 6 to 8.
2. The petitioner seeks a direction against the fifth respondent to enquire about the illegal transfer by way of sale and mortgage of the properties assigned to the landless persons.
3.1. We had called for a status report from the fifth respondent/Tahsildar. The Tahsildar, in the status report, has stated that while passing orders on conversion of pattas into Ryotwari pattas in all the cases involved in the assignment granted in SF.Nos.74, 75, 76, 80, 81 & 82 of Sulur Village, it is mentioned that the purchasers of the assignment lands have obtained No-Due Certificate from the Assistant Commissioner for Land Reforms, Erode. Thereafter, the Tahsildar, Palladam has obtained the field inspection report from the Revenue Inspector concerned in each case.
3.2. After confirming that the period of 20 years has been lapsed, pattas have been issued for conversion and mutation separately in each case and has arrived at the conclusion that there has been no violation of condition of the grant while entering into the transaction, either from the assigner or from the purchasers. The transactions have been made after conversion as Ryotwari pattas and after the assignee becomes entitled to sell the lands.
4. In view of the status report filed, the writ petition is devoid of merits. The writ petition, accordingly, stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 07.09.2023 Index :
Yes/No :
Yes/No drm
To
1. The Secretary to the Government The Government of Tamil Nadu Revenue Department Secretariat, Chennai - 600 009.
2. The Special Commissioner of Land Reforms II Floor, Ezhilagam, Chepauk Chennai - 600 005.
3. The District Collector Coimbatore District, Coimbatore.
4. The Revenue Divisional Officer Coimbatore South, Coimbatore.
5. The Tahsildar Sulur, Coimbatore District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) 07.09.2023