Thiruvettai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Thiruvettai ...

Petitioner -vs1 The District Collector, Sivagangai District, Sivagangai.

2 The District Revenue Officer, Sivagangai District, Sivagangai.

3 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4 The Tahsildar, Sivagangai Taluk, Sivagangai District.

5 Raj Prakash ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the Respondents No.1

to 4 herein to cancel the Patta No.1152 issued in favour of the 5th Respondent's father in connection with property comprised in Survey No. 280/2A to an extent of 0.57.0 Hectares situated at Vanthavasi, Paiyoor Pillai Vayal, Sivagangai District, and restore the same in Patta No.1386 on the basis of the petitioner's representation, dated 12.12.2024. For Petitioner :

Mr.A.Karthigaivel For Respondents 1 to 4 : Mr.M.Muthumanikkam, Govt. Advocate (Civil Side).

ORDER

This Writ Petition is filed for a mandamus, directing the respondents 1 to 4 to cancel the Patta No.1152, issued in favour of the 5th Respondent's father, in connection with property comprised in Survey No. 280/2A to an extent of 0.57.0 Hectares, situated at Vanthavasi, Paiyoor Pillai Vayal, Sivagangai District, and restore the same in Patta No.1386 on the basis of the petitioner's representation, dated 12.12.2024.

2. According to the petitioner the subject property belonged to his father - Karuppaiah and, after the demise of his father, the petitioner and his brother were in peaceful possession and enjoyment of the same without any

hindrance. While so, to the shock and surprise of the petitioner, without notice to the petitioner, the patta issued to the petitioner was cancelled and a new patta was issued to the fifth respondent. Even without verifying the title deeds of the property and issuing notice to the petitioner, patta was mutated in favour of the fifth respondent. The petitioner sent a representation to the respondents 1 to 4 on 12.12.2024, but the respondents did not take any action. Therefore, the petitioner filed the above Writ Petition for the aforesaid relief.

3. At the time of hearing, learned Government Advocate produced a copy of the proceedings of the Revenue Divisional Officer, Sivagangai, dated 12.11.2024, cancelling the patta in favour of the petitioner and granting patta in favour of the fifth respondent.

4. It is not disputed by the petitioner that he was heard during the proceedings, he was a party to the same before the Revenue Divisional Officer and that he was also afforded an opportunity by the Revenue Divisional Officer, before passing the said order.

5. In view of the order passed by the Revenue Divisional Officer, Sivagangai, dated 12.11.2024, the prayer in the Writ Petition cannot be sustained. I, therefore, do not find any merits in the Writ Petition. In any event, the petitioner is given liberty to challenge the order of the Revenue

Divisional Order, mentioned above, in the manner known to law, if he is so advised.

6. Writ Petition is dismissed accordingly. No costs. 10.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Sivagangai District, Sivagangai.

2 The District Revenue Officer, Sivagangai District, Sivagangai.

3 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4 The Tahsildar, Sivagangai Taluk, Sivagangai District.

N.MALA, J.

dixit 10.01.2025