Haripillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Haripillai ... Petitioner .Vs.

1.The District Collector, Collectorate, 2.The District Revenue Divisional Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Taluk Office, Alankudi Taluk, 5.Saravanan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to 1/6

cancel the patta in Patta No.2004 stands in the name of the fifth respondent name in respect of the punja land in Survey No.261/1A to an extent of 3 acres 068 cents out of 12 cents in Manjanviduthi Village, Alankudi Taluk, Pudukkottai District and issue the patta in the name of the petitioner and considering the representation dated 06.01.2025. For Petitioner : Mr.V.Manikandan for Mr.A.Purantharadhasar For Respondents : Mr.S.Kameswaran Government Advocate for R1 to R4

ORDER

By consent of parties, the writ petition itself is taken up for final disposal.

2.The petitioner seeks a limited relief of writ of mandamus to direct the respondents to cancel the patta in patta No.2004 standing in the name of the fifth respondent, considering the representation, dated 06.01.2025.

3.The petitioner has filed the instant writ petition claiming to be the absolute owner of the lands in S.No.261/1A2. According to the 2/6

petitioner, the adjacent lands in S.No.261/1A alone belongs to the fifth respondent. It is the further case of the petitioner that the fifth respondent has preferred a complaint against the petitioner before the police authorities and after being satisfied with the documents produced by the petitioner, the Inspector of Police, Anti Land Grabbing Cell, Pudukkottai, requested the petitioner to approach the revenue officials. The petitioner has submitted an application on 27.03.2023 to the fourth respondent seeking cancellation of patta and to issue patta in the name of the petitioner. The fourth respondent, vide his proceedings, dated 17.04.2023, issued a memo to the Revenue Inspector, Vallanadu requesting him to conduct a spot inspection and verify the village accounts, before and after UDR and file a report.

Subsequently, the petitioner made an application on 10.01.2024 to the second respondent seeking cancellation of patta. Finally, the petitioner has given a representation on 06.01.2025 to the respondents to reiterate his request for cancellation of patta standing in the name of the fifth respondent and issue the patta in the petitioner's name. The petitioner claims to be a physically challenged person and also a senior citizen and hence, he seeks for expeditious disposal of his representation.

4.The learned Government Advocate appearing for the official respondents would submit that the third respondent would be the competent authority to decide the issue, eventhough mandamus is sought against the respondents 1 to 4 in general. 5.Considering the above, the Writ Petition is disposed of with a direction to the third respondent to enquire into the patta cancellation request made by the petitioner and after hearing the fifth respondent or other persons, who may be interested in the property, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Index:Yes/No 04.02.2025 Internet:Yes/No NCC:Yes/No sji To 1.The District Collector, Collectorate, 4/6

2.The District Revenue Divisional Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Taluk Office, Alankudi Taluk, 5/6

P.B.BALAJI,J.

Sji 04.02.2025 6/6