K.Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.34570 of 2018 K.Ravi .. Petitioner Vs.

1.The District Collector, Vellore District, Vellore.

2.The Revenue Divisional Officer, Revenue Divisional Office, Ranipet, Vellore District.

3.The Tahsildar, Nemili Taluk, Vellore District.

4.G.Govindasamy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Mandamus, directing the respondents to take action based on the petitioner's representation dated 03.10.2018 to cancel the patta in favour of the 4th respondent herein.

For Petitioner : Mr.M.Rajendiran For R1 to R3 : Mr.E.Manoharan, Additional Government Pleader For R4 : No Appearance

ORDER

(Order of this Court was made by S.MANIKUMAR, J.) Petitioner, Secretary of Dr.B.R.Ambedkar Ilaignar Narpani Mandram, has claimed that they are engaged in social welfare activities in Theedir Nagar area, Banavaram Village, for more than 30 years and also conducting Dr.Ambedkar Night School in Banavaram Village in S.No.241/19, Government Poramboke land.

2. According to the petitioner, Dr.B.R.Ambedkar Ilaignar Narpani Mandram, is also conducting Social Welfare Reform Programmes, in the said survey number.

3.

Petitioner has further contended that Mr.G.Govindasamy/fourth respondent, has obtained a patta for land in S.No.241/19, vide Patta No.1006, by fraudulent manner.

4. Objecting to the same, petitioner gave representations dated 03.09.2018 and 29.10.2018 respectively, to the District Collector, Vellore District, respectively, to cancel the patta in Poramboke Anadeenam in Survey No.241/19. Since the said representations have not been acted upon, instant writ petition, has been filed for a mandamus directing the respondents to take action based on the representation dated 03.09.2018, and to cancel the patta issued in favour of Mr.G.Govindasamy/fourth respondent.

5. On instructions from the Sub Collector, Ranipet, Vellore District, Mr.E.Manoharan, learned Additional Government Pleader, submitted that Mr.G.Govindasamy/fourth respondent, being a government servant, on his own, submitted a letter, to cancel the patta and that action is being taken on the said letter, for cancellation of patta.

6. Learned Additional Government Pleader further submitted that on enquiry it was not found that writ petitioner is not running a night school in S.No.241/19, as averred.

7. In the above said circumstances, he submitted that there is no need to issue any direction to consider the representation of the petitioner dated 03.09.2018, for cancellation of patta, issued to the fourth respondent, as the same would be cancelled, on his request.

8. Referring to the prayer sought for in the representation dated 03.09.2018 for cancellation of patta, as well as assignment of land in favour of the writ petitioner, request for issuance of further direction to cancel patta, we are not inclined to issue any direction, as prayed for.

9. Placing on record the submission of the learned Additional Government Pleader, no order is required to be issued to act on the representation of the writ petitioner. Hence Writ petition is dismissed. No Costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar dm To 1.The District Collector, Vellore District, Vellore.

2.The Revenue Divisional Officer, Revenue Divisional Office, Ranipet, Vellore District.

3.The Tahsildar, Nemili Taluk, Vellore District.

+1cc to Government Pleader, High Court, Madras SR.No.21795 W.P.No.34570 of 2018 SJ(CO) GMY(30/04/2019)