Devkumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Devkumar .... Petitioner /Vs./ 1.The District Collector, Tiruchirappalli District, Collector Office Road, Tiruchirapalli.
2.The Revenue Divisional Officer, Tiruchirappalli.
3.The Tahsildar, Thiruverumbur, Tiruchirappalli District.
4.Periyasamy 5.Sekar ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the fraudulently obtained patta No.973 and restore the same in the name of 1/5
the rightful owners in the revenue records on the basis of the petitioner's representation on 29.01.2025 in accordance with law. For Petitioner : Mr.J.Vishnu For R1 to R3 : Mr.M.Lingadurai Special Government Pleader
ORDER
With the consent of the parties, the writ petition itself is taken up for final disposal.
2. The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 to 3 to cancel the patta No.973 fraudulently obtained behind the back of the petitioner. In this regard, the petitioner has given a representation on 29.01.2025 seeking cancellation of the said patta No.973. The petitioner seeks disposal of the said representation.
3. I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 3.
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4. The learned Special Government Pleader appearing for the official respondents, on instructions, would submit that the patta has been issued to the fifth respondent based on a registered sale deed.
5. In fact, I find from the affidavit in support of the writ petition that the writ petitioner himself admits the fact that a sale deed has been registered on the file of Thiruverumbur Sub Registrar Office in document No.3921/2010 by the fourth respondent in favour of the fifth respondent. According to the petitioner, the said sale deed is void, illegal and non est in the eye of law and hence, the fourth respondent has no authority to sell the subject property which belonging absolutely to the petitioner's mother. However, the writ petitioner himself admits that there is a registered sale deed. It is for the petitioner to work out his remedy before the competent Civil Court and cannot find fault with the revenue authorities for mutating the patta based on the registered sale deed which has not been set aside till date in a manner known to law. However, this order will not come in the way of the petitioner filing an appropriate Civil Suit redress his grievance, in a kanner known to law. 3/5
6. With the above direction, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 21.02.2025 am To 1.The District Collector, Tiruchirappalli District, Collector Office Road, Tiruchirapalli.
2.The Revenue Divisional Officer, Tiruchirappalli.
3.The Tahsildar, Thiruverumbur, Tiruchirappalli District.
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P.B. BALAJI , J.
am Order made in Dated:
21.02.2025 5/5