Sabestin v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Sabestian ... Petitioner Vs.
1.The District Collector, Tiruchirappalli District, Tiruchirappalli.
2.The Revenue Divisional Officer, Srirengam Revenue Division, Tiruchirappalli District.
3.The Tahsildar, Taluk Office, Manapparai, Tiruchirappalli District.
4.Thiruthuvadass ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent issued in Patta No.2399 with respect to 0.87.5 Hectares of land in Survey No.872/2D of Mohavanur South Village, Manapparai Taluk, Tiruchirappalli District issued to the fourth respondent and cancel the same and consequently direct the respondents 2 and 3 to measure the properties in Survey No.872/2D, Survey No.872/2F, Survey No.872/2E, Survey No.872/5 and Survey No.872/7, to an extent of 4 acres and 31 cents based on the petitioner's representations dated 18.09.2021, 20.09.2021, 28.12.2021 and 30.12.2021 given to the respondents 1 to 3.
For Petitioner : Mr.T.M.Madasamy For R-1 to R-3 : Mr.N.Satheesh Kumar, Additional Government Pleader.
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ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus seeking interference with the patta issued by the third respondent/ the Tahsildar, Manapparai, Tiruchirappalli District in Patta No.2399 with respect to 0.87.5 Hectares of land in Survey No.872/2D of Mohavanur South Village, Manapparai Taluk, Tiruchirappalli District which patta had been issued to the fourth respondent. The petitioner seeks cancellation of the said patta.
2. Let me not enter into a detailed discussion of the facts or the merits of the case. In view of the nature of the order passed, notice is not directed to the fourth respondent.
3. Heard Mr.T.M.Madasamy, learned counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader who takes notice for respondents 1 to 3.
4. The petitioner had given a representation to the third respondent/ the Tahsildar, Manapparai, Tiruchirappalli District on 18.09.2021. He had also given representation to the first and second respondents also.
5. But at any rate, let the Tahsildar/the third respondent enquired into the representation, issue notice to the petitioner, issue notice to the fourth respondent and thereafter pass necessary orders. The petitioner will have to work his way up only through the Revenue Department and the Writ Court is not the proper forum.
6. The Tahsildar is called upon to pass necessary orders on the representation of the petitioner after following due procedure within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the 2/3
correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.
2.The Revenue Divisional Officer, Srirengam Revenue Division, Tiruchirappalli District.
3.The Tahsildar, Taluk Office, Manapparai, Tiruchirappalli District.
+1 CC to M/s.SPL.GP ( SR-2587[F] dated 27/01/2022 ) 25.01.2022 (2/2) RK(09/02/2022) 3P 5C 3/3