S.Alagappan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA S.Alagappan ... Petitioner Vs.
1.The State of Tamilnadu, Rep. by its Secretary of Government, Revenue Department, Fort St.George, Chennai - 9.
2.The District Collector, Pudukkottai District.
3.The District Revenue Officer, Pudukottai District.
4.The Revenue Divisional Officer, Pudukottai District.
5.The Thasildar, Alangudi Taluk, Pudukkottai District.
6.The Village Administrative Officer, Panangulam Village & Post, Kulamangalam Revenue Village, Alangudi Taluk, Pudukkottai District.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to expedite and dispose of the pending inquiry and issue the individual patta in favour of the petitioner for the properties in S.Nos.41/9 and 41/12A. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.A.Kannan Additional Government Pleader
O R D E R
The writ petition has been filed for a direction to the respondents to expedite and dispose of the pending inquiry and issue the individual patta in favour of the petitioner for the properties in S.Nos.41/9 and 41/12A.
2. With the consent of both parties, the writ petition is taken up for final disposal.
3. The petitioner sought for cancellation of patta issued in favour of the late Vijay Gopalan, a former Village Administrative Officer, for properties in S.Nos.41/9 and 41/12A, to an extent of 33 cents and 1 Acre 94 Cents respectively, at Panangulam Village, Kulamangalam Revenue Village, Alangudi Taluk, Pudukkottai District. The petitioner on the basis of ancestral ownership 2/5
claims to be in peaceful possession and enjoyment of the property. There was some dispute between the petitioner and one Vijay Gopala. The said Vijay Gopalan filed a suit in O.S.No.112 of 2003, before the District Munsif Court, Aranthangi, Pudukottai, claiming ownership of the subject property. Despite the conclusive decision of the Civil Court, patta was fraudulently transferred in favour of Vijay Gopalan. The petitioner therefore sent several representations to the revenue officials on 29.11.2021, 13.04.2023 and 17.04.2023 seeking cancellation of the fraudulent patta and issuance of separate patta in his name for the subject property. Inspite of the petitioner's representation, no action was taken by the respondents, and so the petitioner filed the above writ petition for the aforesaid relief.
4. The learned Additional Government Pleader for the respondents, on instructions, submits that the enquiry has already been initiated on the petitioner's representations and prays that reasonable time may be granted to dispose of the petitioner's representations.
5. In the light of the above said submission, a direction is issued to the fourth respondent to dispose of the petitioner's representation for cancellation of patta and issuance of separate patta in his name on merits and in accordance with law, within a period of 12 weeks from the date of receipt of copy of this 3/5
order. Needless to state that all interested parties will be put on notice and afforded reasonable opportunity before passing final orders.
6. Accordingly, the writ petition stands disposed of. No costs. 10.01.2025 NCC:yes/no Index:yes/no Internet:yes/no SN To:
1.The Secretary, Revenue Department, Fort St.George, Chennai - 9.
2.The District Collector, Pudukkottai District.
3.The District Revenue Officer, Pudukottai District.
4.The Revenue Divisional Officer, Pudukottai District.
5.The Thasildar, Alangudi Taluk, Pudukkottai District.
6.The Village Administrative Officer, Panangulam Village & Post, Kulamangalam Revenue Village, Alangudi Taluk, Pudukkottai District.
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N.MALA, J.
SN 10.01.2025 5/5