← Library
Madras High CourtWP(MD)/8498/2022disposed of

Jeyaramagopalakrishnan .A v. The District Collector

2022-04-27Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A.Jeyaramagopalakrishnan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Kovilpatti, 4.The Tahsildar, Ottapidaram Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second and third respondents to pass order on the proposal submitted by the fourth respondent dated 12.04.2012 and 08.11.2017 within the stipulated time fixed by this Court. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the second and third respondents to pass orders on the proposals submitted by the fourth respondent dated 12.04.2012 and 08.11.2017 within a time frame to be fixed by this Court.

2. According to the petitioner, he is the owner of the property being agricultural lands in S.F.Nos.976B/2B, 976B/3, 977B/2, 978B/2, 979/3B and 982/1 measuring an extent of 1 hectare and 98 ares, i.e., 4.89 acres situated at Savarimangalam Village, S.Kailasapuram, Ottapidaram Taluk, Thoothukudi District.

According to the petitioner, illegally, a person by name, Velraj, has obtained patta for the said property. In such circumstances, the petitioner has 1/3

given a representation seeking for cancellation of the illegally obtained patta. According to the petitioner, the fourth respondent has already recommended for cancellation of patta by his letters dated 12.04.2012 and 08.11.2017 to the second respondent. Since no final orders have been passed, the petitioner has filed this Writ Petition.

3. The petitioner seeks for cancellation of patta standing in the name of Mr.Velraj. No prejudice would be caused to the respondents, if the petitioner's representation, in the light of the recommendation letters dated 12.04.2012 and 08.11.2017 issued by the fourth respondent, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and Mr.Velraj, the rival claimant and any other necessary party, whom the second respondent deems fit to enquire.

4. For the foregoing reasons, this Court directs the second respondent to pass final orders based on the proposals submitted by the fourth respondent dated 12.04.2012 and 08.11.2017, referred to supra, within a period of four (4) months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and Mr.Velraj and other persons who have purchased the property subsequently and any other necessary party, whom the second respondent deems fit to enquire.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Kovilpatti, 2/3

4.The Tahsildar, Ottapidaram Taluk, +1 CC to M/s.V. PANNEER SELVAM, Advocate ( SR-22152[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22096[F] dated 28/04/2022 ) 27.04.2022 SRK(CO) GC(16.05.2022) 3P 7C 3/3