V.Bose v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and WMP(MD) No.4227 of 2025 V.Bose ... Petitioner Vs

1. The District Collector, Office of the Collector, Madurai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti Thaluk, Madurai District.

3. The Tahsildar, Usilampatti Thaluk Office, Usilampatti, Madurai District.

4. P.Thangaraj

5. M.Arumugam

6. M.Raj ... Respondents 1/5

P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 to 3 to cancel patta No. 2394 in the name of Respondent No. 4 in Survey No. 301/8A, Karumathur Village, Usilampatti Thaluk, Madurai and Sale Deed Document No. 423/2025 registered at the Sub-Registrar Office, Chellampatti, in favor of Inbarani, considering the representation of the petitioner, dated 20.02.2025.

For Petitioner : Mr.K.Lenin For Respondents : Mr.M.Lingadurai (R1 to R3) Special Government Pleader

ORDER

The writ petitioner seeks for issuance of a writ of Mandamus to direct the respondents to cancel patta issued in the name of the 4th respondent.

2.Heard the learned counsel on either side and perused the materials available on record.

3.Considering the limited scope of the relief sought for by the petitioner, with the consent of learned counsel on either sides, this writ petition is taken up for final disposal. 2/5

4.It is the admitted case of the petitioner that even during 1985, when the UDR Scheme was being implemented, S.No.301 further subdivided and the respondents 4 to 6 at that point of time fraudulently included their names in the revenue records.

5.In view of the admitted case of the petitioner, the petitioner ought to have been made representation before the competent authority, viz., District Revenue Officer, who is not even arrayed as a respondent in the present petition. Admittedly, the representation has also not been given to the District Revenue Officer, but only to Revenue Divisional Officer and Tahsildar.

6.In such view of the matter, this writ petition cannot be entertained. However, giving liberty to the petitioner to move before the District Revenue Officer, Madurai with a proper application supported by all the relevant documents, this petition is closed. No costs. Consequently, connected miscellaneous petition is closed. NCC : Yes / No 04.03.2025 Index : Yes / No PNM 3/5

TO:-

1. The District Collector, Office of the Collector, Madurai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti Thaluk, Madurai District.

3. The Tahsildar, Usilampatti Thaluk Office, Usilampatti, Madurai District.

4/5

P.B. BALAJI , J.

PNM ORDER IN and WMP(MD) No.4227 of 2025 04.03.2025 5/5