Michael Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Michael Raj ... Petitioner Vs.

1.The District Collector, Collectorate Post, Dindigul District.

2.The Revenue Divisional Officer, Dindigul Revenue Division, Sub Collector Office Road, Dindigul.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to call for the records pertaining to issue a Writ of Mandamus directing the 2nd respondent to give appropriate direction to the 3rd respondent not to cancel the petitioner's patta stands in patta No.3900 with respect to the lands in S.No.27 to an extent of 4 acres 66 cents situated in Kanavaipatty Village, Batlangundu Sub Division, Nilakkottai 1/6

Taluk, Dindigul District without conducting an enquiry by considering his representation, dated 27.01.2021 in accordance with law. For Petitioner : Ms. Benazar Begum For Respondents : Mr. N. Muthu Vijayan Special Government Pleader

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the 2nd respondent, the Revenue Divisional Officer, Dindigul Revenue Division, Dindigul to consider the representation given by the petitioner, dated 27.01.2021 and pass necessary orders in the said representation.

2. The petitioner viz., Michael Raj, S/o. Arul resident of Nilakkottai Taluk, Dindigul District had stated that he was granted patta No.3900, with respect to the land in S.No.27 to an extent of 4 acres 66 Cents situated at Kanavaipatty village, Btalagundu Sub Division, Nilkkottai Taluk, Dindigul District and that he had also filed a suit in O.S.No.20 of 2010 before the District Munsif Court, Nilakkottai. It is 2/6

stated that the suit was decreed on 27.08.2010. Necessity to initiate the suit was that several documents alleged to have been fraudulently executed by Arumugam Asari in favour of Savaridos and according to them, the petitioner did not have right title over the suit property. It is stated that after the decree in the said suit, the document which was fraudulently executed by Arumugam Asari in favour of Savaridoss was cancelled and also FIR has been registered by the District Crime Branch, Dindigul under Sections 419 and 420 IPC against them.

3. In such circumstances, the petitioner had given a representation to the second respondent. The second respondent is directed to invite the petitioner, to examine the decree in the suit and pass necessary orders. The said exercise shall be completed by the 2nd respondent within a period of four weeks from the date of receipt of a copy of this order.

4. According to the learned counsel for the petitioner till date the patta is in the name of the petitioner. This representation is recorded. 3/6

5. With the above observation, this Writ Petition is disposed of. No costs.

07.03.2023 Index : Yes/No Internet : Yes /No trp 4/6

To 1.The District Collector, Collectorate Post, Dindigul District.

2.The Revenue Divisional Officer, Dindigul Revenue Division, Sub Collector Office Road, Dindigul.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

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C.V.KARTHIKEYAN, J., trp 07.03.2023 6/6