M.Kanimozhi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.2897 of 2025 M.Kanimozhi ... Petitioner -vs1.The District Collector District Collector's Office Madurai 2.The District Revenue Officer District Revenue Officer's Office Madurai 3.The Revenue Divisional Officer Revenue Divisional Officer's Office Madurai 4.The Tahsildar Office of the Tahsildar Madurai North Madurai

5.Paul Chinnaiah 6.Indrani 7.Arivalagan 8.Soosai (Died) 9.Suresh 10.Selvaraj ... Respondents [R10 is impleaded vide Court order dated 03.06.2025 passed in W.M.P.(MD) No.7896 of 2025] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to cancel the pattas issued in favour of the respondents 5 to 9, with respect to the lands situated in T.S.Nos.30/3, 30/4, 30/5, 30/6 at Mathichiyam East Street, Madurai, as the said lands are meant for landless poor.

For Petitioner :

Mr.S.Jaya Vasanthan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.G.B.Kaveri Mani for R5 to R7 R8 - Died Mr.M.Alaudheen for R9 Mr.M.Thirunavukkarasu for R10

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted to direct the respondents 1 to 4 to cancel the pattas issued in favour of the respondents 5 to 9, with respect to the lands situated in T.S.Nos.30/3, 30/4, 30/5 and 30/6 at Mathichiyam East Street, Madurai, as the said lands are meant for landless poor people.

2. Learned counsel for the petitioner would mainly contend that free pattas have been granted to the ineligible candidates, who are all already possessing valuable lands or houses etc. That apart, free land pattas have been granted to more than one person in one family. Several irregularities and illegalities in grant of free land pattas have been raised by the petitioner. Since no action was taken by the authority concerned, she has filed the present writ petition.

3. Learned Government Pleader appearing for the respondents 1 to 4 would submit that action has already been taken in this matter and the Tahsildar has conducted an enquiry and found that free land pattas have been

granted to some ineligible candidates and therefore, the Tahsildar has made a recommendation to the Revenue Divisional Officer to cancel the free land pattas granted to the ineligible candidates.

4. Learned counsel appearing for the tenth respondent would oppose the contention of the petitioner by stating that the tenth respondent is eligible for free land patta and therefore, his case cannot be compared with the other ineligible candidates.

5. Be that as it may, now the Tahsildar has conducted an enquiry and recommended to the Revenue Divisional Officer to cancel the free land pattas granted to the ineligible candidates. One of the grounds raised by the tenth respondent is that no opportunity was granted to him by the authority concerned to establish the eligibility.

6. Thus, the Revenue Divisional Officer / third respondent is directed to afford an opportunity to all the parties, who have been granted free land pattas, verify their eligibility and in the event of identifying any ineligible candidates, who have been granted free land pattas, necessary action shall be

taken to cancel the free land pattas granted to them by passing appropriate orders. Such an exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 03.06.2025 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, District Collector's Office, Madurai.

2.The District Revenue Officer, District Revenue Officer's Office, Madurai.

3.The Revenue Divisional Officer, Revenue Divisional Officer's Office, Madurai.

4.The Tahsildar, Office of the Tahsildar, Madurai North, Madurai.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk and W.M.P.(MD) No.2897 of 2025 03.06.2025 (2/2)