Panchali v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Panchali ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, District Revenue Office, Collectorate, Madurai.

3.The Revenue Divisional Officer, Melur at Chittampatti, Melur Taluk, Madurai District.

4.The Tahsildar, Melur Taluk, Melur, Madurai District.

5.Aniba ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4th respondent to cancel the patta stands in the name of the fifth respondent and to issue patta in 1/4

the petitione's name in respect of survey Nos.149/6, 150/1, 150/2, 151/3, 152/3 situated at Kurichipatti Village, Melur Taluk, Madurai District, based on the petitioner's representation dated18.01.2023.

For Petitioners : Mr.S.Muniyandi For R1 to R4 : Mr.N.Muthuvijayan Special Government Pleader

ORDER

The writ petition has been filed in the nature of Mandamus seeking a direction against the fourth respondent, Tahsildar, Melur Taluk, Madurai, to proceed further with the enquiry on the basis of the representation given by the petitioner herein on 18.01.2023.

2. By the said representation, the petitioner had sought patta which stands in the name of the fifth respondent to be cancelled. The lands involved are situated at survey Nos.149/6,150/1, 150/2, 151/3 and 152/3 at Kurinjipatti village, Melur Taluk, Madurai District.

3. The learned Special Government Pleader however pointed out that out of the aforementioned survey numbers, only the lands in 151/3 and 152/1 alone stand in the name of Aniba. It is not known why the petitioner had included the 2/4

other lands. The enquiry, therefore, should be confined the land in survey number 151/3 and 152/1. The writ petition is disposed of, even without issuing notice to the fifth respondent, but placing an obligation on the fourth respondent that if the representation is in order, to follow the principles of natural justice, hear both the parties and thereafter take a decision regarding the representation given by the petitioner herein. The entire exercise may be completed within a period of 12 weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of. No costs. 19.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4

C.V.KARTHIKEYAN, J.

pnn To 1.The District Collector, Madurai District, Madurai. 2.The District Revenue Officer, District Revenue Office, Collectorate, Madurai.

3.The Revenue Divisional Officer, Melur at Chittampatti, Melur Taluk, Madurai District.

4.The Tahsildar, Melur Taluk, Melur, Madurai District. 19.04.2023 4/4