K. Sathaiah v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI K.Sathaiah ... Petitioner Vs.
1.The District Collector, Ramnad District, Ramnad.
2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Tahsildar, TAHDCO, Ramnad District, Ramnad.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the subdivisions of land in S.No.128/18A and to cancel the consequent patta to third persons with the consequential direction to restore the revenue records in the name of the petitioner with respect to S.No.128/8A at Kelakodunbalur Group, Shanmuganathapuram Village, Mthukulathur Taluk, Ramnad District. 1/4
For Petitioner : M/s.K.Porkodi Karnan for M/s.Polax Legal Solutions For Respondents : Mr.S.Kameswaran Government Advocate
O R D E R
The petitioner seeks issuance of writ of mandamus to direct the respondents 1 to 3 to cancel the subdivisions and patta issued to third parties with consequent direction to restore the revenue records in the name of the petitioner.
2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.
3. The case of the petitioner is that the petitioner's patta property bas been subdivided without any notice to the petitioner and classified as road and thereafter, pattas have also been issued to 3rd parties in respect of the subdivided lands. The petitioner has made an application for necessary cancellation of the subdivisions as well as pattas issued to the 3rd parties on 19.08.2024. It is also the case of the petitioner that the survey which was conducted pursuant to the orders of this Court in W.P(MD)No.1642 of 2024 confirms the petitioner's entitlement and the formation of the road inside the petitioner's patta property. 2/4
The writ petitioner only seeks for disposal of the said representation pending with the respondents 1 to 3.
4. The learned Government Advocate would submit that the 2nd respondent would be the competent authority to redress the grievance of the writ petitioner and necessary directions may be issued to the 2nd respondent.
5. In view of the above, this writ petition is disposed of with a direction to the 2nd respondent to consider the petitioner's representation, dated 19.08.2024 and also the survey report, dated 22.05.2024 and pass final orders, after hearing the petitioner and other interested parties, if any, within a period of eight (8) weeks from the date of receipt of copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/4
P.B.BALAJI , J.
gbg To:
1.The District Collector, Ramnad District, Ramnad.
2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
3.The Tahsildar, TAHDCO, Ramnad District, Ramnad.
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