Anbazhagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.5626 of 2025 Anbazhagan : Petitioner Vs.

1. The District Collector, Tiruchirappalli Collector Office, Tiruchirappalli.

2. The District Revenue Officer, Lalgudi Taluk, Pudukkottai District.

3. The Revenue Divisional Officer, Lalgudi Taluk, Tiruchirappalli District.

4. The Thasildar, Lalgudi Taluk, Thiruchirappalli District.

5. Manimaran

6. Sethumani 1/6

7. Senthil

8. Bharathi

9. Mark : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus seeking relief sought for call for the record pertaining to the impugned order passed by the 4th respondent in his proceedings Na.Ka.Aa4/00010/2022 dated 09.02.2023 and quash the same as illegal and consequently direct the 4th respondent to cancel the patta in the name of 9th respondent.

For Petitioner : Mr.A.Banumathi For Respondents 1 to 4 : Mr.S.Kameswaran Government Advocate

O R D E R

The petitioner challenges the order of the fourth respondent in Na.Ka.Aa4/00010/2022 dated 09.02.2023, on the file of the fourth respondent and consequently seeks the fourth respondent to cancel the patta issued to the ninth respondent. 2.Heard the learned Counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate appearing for the respondents 1 to 4.

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3.The grievance of the petitioner is that the fourth respondent allegedly referring to a civil suit pending, has rejected the application of the petitioner without referring to any of the documents that have been relied on by the petitioner. 4.The petitioner would invite my attention to the proceedings dated 19.05.2023, on the file of the District Registrar, Ariyalur. Only referring to this proceedings, the fourth respondent has stated in the impugned order as if a civil suit is pending. Factually, it is otherwise and therefore, the impugned order is set aside and the matter is remitted to the third respondent. The fourth respondent is the competent authority to cancel the patta issued to the ninth respondent, which according to the petitioner is erroneous.

The third respondent shall conduct an enquiry, hearing the petitioner as well as the private respondents 5 to 9 and pass final orders as regards the request of the petitioner for cancellation of patta in favour of the private respondents and thereafter accordingly, mutate the patta to the person who is entitled to the same. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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5.Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

19.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To

1. The District Collector, Tiruchirappalli Collector Office, Tiruchirappalli.

2. The District Revenue Officer, Lalgudi Taluk, Pudukkottai District.

3. The Revenue Divisional Officer, Lalgudi Taluk, Tiruchirappalli District.

4. The Thasildar, Lalgudi Taluk, Thiruchirappalli District.

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P.B.BALAJI.

, J.

MR 19.03.2025 6/6