Selvam .G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.2891 of 2024 G.Selvam ... Petitioner -Vs1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Trichy 3.The Tahsildar, Trichy East Taluk Office, Trichy.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 3rd respondent herein to conduct an enquiry on the basis of the petitioner's representation dated 20.05.2023 and thereby issue patta in favour of the petitioner in respect of the property (nanja) comprised in Survey Nos.161/1, 259/3, 259/10, 291/1, 140/2, 143/2, 143/10 situated at Kottapattu Village within a time stipulated by this Court.

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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the 3rd respondent to conduct an enquiry on the basis of the petitioner's representation dated 20.05.2023 and thereby issue patta in favour of the petitioner in respect of the property (nanja) comprised in Survey Nos.161/1, 259/3, 259/10, 291/1, 140/2, 143/2, 143/10 situated at Kottapattu Village within the stipulated time. 2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the subject matter properties are the ancestral properties of the petitioner and the petitioner is in possession and enjoyment of the same. In the revenue records, some wrong entries have been made in respect of the subject properties. Hence, the petitioner has filed a suit in O.S.No.299 of 2022 on 2/5

the file of the Additional District Judge, Trichy seeking the relief of declaration to declare that the forged sale deed pertaining to his property is null and avoid. While so, the land grabbers is trying to get patta illegally in favour of the third parties. Hence, he sent a representation to the respondents. On receipt of such representation, the second respondent has issued a proceedings dated 18.04.2022 addressed to the third respondent for taking necessary action and to send a report to him. Likewise, the first respondent, on the basis of the petitioner's representation, directed the third respondent to take immediate action. However, the third respondent has not taken any steps. Hence, finally, the petitioner has sent a detailed representation to the third respondent/Tahsildhar requesting him to conduct property enquiry and thereby issue patta in his favour. Thereafter also, no action was taken. Hence, he filed the present writ petition for the above said relief.

4. The learned Special Government Pleader appearing for the respondents would submit that based on the direction of the first and second respondents, the third respondent/Tahsildhar shall conduct an enquiry in accordance with law.

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5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the third respondent/Tahsildar is directed to conduct a proper enquiry in respect of the petitioner's case and send a report to the second respondent/Revenue Divisional Officer, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

12.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Trichy 3.The Tahsildar, Trichy East Taluk Office, Trichy.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.2891 of 2024 12.02.2024 5/5