Adaikkala Madha Kanniar Sabai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.12570 of 2021 Adaikkala Madha Kanniar Sabai Rep. By Rev.Sr.Pauline Fatima Mary.
...Petitioner
/Vs./ 1.The District Collector, Tiruchirapalli District, Tiruchirapali 620 001.
2.The Tahsildar, Thiruverumbur Taluk, Thiruchirappalli 620 013.
3.P.Mahendran 4.Mohan N Patel 5.Sangeetha.M 6.The Sub-Registrar, Thiruverumbur Sub-Registrar Office, Thiruverumbur, Tiruchirapalli District 620019. 7.The Revenue Divisional Officer, Tiruchirappalli.
...Respondents
(R7 is suo motu impleaded vide this order dated 11.12.2023 in this petition). 1/6
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to cancel the Patta illegally issued in the name of P.Mahendran for all our lands in Survey No. 30/12A1, 30/3B, 32/10, 33/6, 33/7, 33/1A, 33/1C of Elanthappatti Village, Tiruchirapalli District based on the representation of the petitioner dated 14.11.2018.
For Petitioner : Mr.R.Edwin Sahayaraj For Respondents : Mr.A.K.Manikkam (R1, R2, R6 & R7) Special Government Pleader No appearance (R3 to R5)
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the second respondent to cancel the Patta illegally issued in the name of the third respondent for the lands in Survey No.30/12A1, 30/3B, 32/10, 33/6, 33/7, 33/1A, 33/1C of Elanthappatti Village, Tiruchirapalli District, based on the representation of the petitioner dated 14.11.2018.
2. The Revenue Divisional Officer, Tiruchirappalli, is suo motu impleaded as the seventh respondent in this writ petition and Mr.A.K.Manikkam, learned Special Government Pleader takes notice on behalf of the newly impleaded seventh respondent.
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3. The case of the petitioner is that the subject property was purchased by the petitioner by virtue of a registered sale deed dated 17.02.1999 and the revenue records were also mutated in the name of the petitioner in the following manner:- Sl.
No.
Survey No.
Village Extent Acres.Cents Patta No.
1.
30/3 Elanthapatti 0.65 2.
30/12 Elanthapatti 1.44 3.
32/10 Elanthapatti 0.65 4.
33/1 Elanthapatti 3.15 Old 417, New 1701 5.
33/7 Elanthapatti 0.89 6.
102/1B Kanthalur 0.25 7.
102/1C Kanthalur 0.51 8.
103/1B Kanthalur 0.56
4. In the year 2011, the Government served a notice by informing that the land measuring an extent of 5500 sq.mtrs in S.Nos.33/1 and 30/12A is going to be acquired. This acquisition was done for expansion of NH 67. On receipt of the notice, the petitioner also gave their objections and submitted the relevant documents. At that point of time, while verifying the revenue records, it came to light that insofar as the above properties, patta stood in the names of the third and fourth respondents.
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5. The petitioner therefore made a representation to the impleaded 7th respondent seeking for cancellation of the patta that stood in the names of the third and fourth respondents. The impleaded 7th respondent directed the second respondent to conduct an enquiry and to submit a report. In the meantime, the private respondents attempted to interfere with the possession and enjoyment of the property, which resulted in a police complaint and also filing of a suit. Since there was no progress made by the second respondent, the present writ petition has been filed before this Court.
6. Heard Mr.R.Edwin Sahayaraj, learned counsel appearing for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader for the respondents 1, 2, 6 & 7.
7. Taking into consideration the facts and circumstances of the case and the materials that have been placed before this Court, there shall be a direction to the impleaded 7th respondent to conduct an enquiry after affording an opportunity to the petitioner and the respondents 3 to 5 and final orders shall be passed within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the impleaded 7th respondent along with all the relevant documents and also a copy of this 4/6
order. A copy of the same shall also be marked to the second respondent, viz., Tahsildar, Thiruverumbur Taluk, Thiruchirappalli. On receipt of the same, the enquiry shall be conducted after affording an opportunity to the petitioner and the respondents 3 to 5.
8. This writ petition is disposed with the above directions. No costs. 11.12.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 5/6
N.ANAND VENKATESH, J.
sm TO:- 1.The District Collector, Tiruchirapalli District, Tiruchirapali 620 001.
2.The Tahsildar, Thiruverumbur Taluk, Thiruchirappalli 620 013.
3.The Sub-Registrar, Thiruverumbur Sub-Registrar Office, Thiruverumbur, Tiruchirapalli District 620019. 4.The Revenue Divisional Officer, Tiruchirappalli.
Order made in W.P.(MD)No.12570 of 2021 Dated:
11.12.2023 6/6