C.Palanisamy v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6196 of 2025 C.Palanisamy ... Petitioner -Vs1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Commissioner (Survey and Land Records Department), O/o. the Survey and Land Records Department, Chepauk, Chennai-600005.
3.The Commissioner (Survey and Land Records Department), Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.
4.The District Collector, District Collector Office, Trichy District-620001.
5.Chellammal 6.Sivakumar 7.Subramani
8.Subbulakshmi 9.Arumugam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to conduct proper enquiry based on the petitioner's representation dated 20.11.2024 within the time stipulated by this Court.
For Petitioner : Mr.S.Vikram For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 4. Notice to the private respondents is dispensed with, since no adverse order is going to be passed as against them. 3.It is the case of the petitioner that the land in Survey No.104 to an extent of 13 acre 92 cents, situated at Pudhuvadi Village, Manapparai Taluk, Tiruchirappalli District was classified as T.D.No.51, Karnam Uzhiyam, which was used by the old Karnam of Pudhuvadi Village. After the abolition of Village
Karnam, the land in question is under the control of the Revenue Department and no patta was assigned to anybody. However, in the UDR survey, patta was erroneously updated in the name of one T.R.Kalaithamilan and Ramasamy Naidu. Taking advantage of the same, they sold the land in question in favour of the respondents 8 and 9. Now, the patta in respect of the land in question stands in the name of the respondents 5 to 9 with sub-division 104/1A1, 104/1A2, 104/1B and 104/2. Pointing out the same, the petitioner made a representation dated 20.11.2024 to the 4th respondents to cancel the patta assigned in favour of the respondents 5 to 9. However, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 4.
On perusal of the affidavit filed in support of this petition, we are of the view that the land in question is the private patta land and the petitioner seeks cancellation of patta granted in respect of the private land. If the petitioner is an aggrieved person, he can file a petition for cancellation of patta before the appropriate authority. This Writ Petition is misconceived and therefore, it is liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs. [J.N.B., J.] & [S.S.Y., J.] 07.03.
To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Commissioner (Survey and Land Records Department), O/o. the Survey and Land Records Department, Chepauk, Chennai-600005.
3.The Commissioner (Survey and Land Records Department), Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.
4.The District Collector, District Collector Office, Trichy District-620001.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.6196 of 2025 07.03.2025