Ananthaselvakumaran.A.N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.10032, 10033, 10034, 10035, 10037, 10038, 10040, 10041, 10048 and 10049 of 2021 W.P.(MD) No.12967 of 2021:
A.N.Ananthaselvakumaran .. Petitioner Vs.
1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai, Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
4.Rajaveni 5.Anantharamakrishnan
6.A.N.Anantharamasubbu @ Ram Ananth 7.Subbulakshmi 8.Gowi 9.Shanthi 10.Saroja 11.Narayanan 12.Jothi Ganesh 13.Radha 14.Latha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in T.R:2021/0103/29/259062TR dated 23.02.2021 and quash the same and directing respondents 1 to 3 to delete the name of fourth respondent in Patta No.2528.
W.P.(MD) No.12968 of 2021:
A.N.Ananthaselvakumaran .. Petitioner Vs.
1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai,
Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
4.Annie Greeta 5.Anantharamakrishnan 6.A.N.Anantharamasubbu @ Ram Ananth 7.Subbulakshmi 8.Gowi 9.Shanthi 10.Saroja 11.Narayanan 12.Jothi Ganesh 13.Radha 14.Latha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in T.R:2021/0103/29/259143TR dated 01.03.2021 and quash the same and directing respondents 1 to 3 to delete the name of fourth respondent in Patta No.2528.
W.P.(MD) No.12969 of 2021:
A.N.Ananthaselvakumaran .. Petitioner Vs.
1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai, Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
4.Sudalaimuthu 5.Anantharamakrishnan 6.A.N.Anantharamasubbu @ Ram Ananth 7.Subbulakshmi 8.Gowi 9.Shanthi 10.Saroja 11.Narayanan 12.Jothi Ganesh 13.Radha
14.Latha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in T.R:2021/0103/29/261020TR dated 07.03.2021 and quash the same and directing respondents 1 to 3 to delete the name of fourth respondent in Patta No.2528.
W.P.(MD) No.12970 of 2021:
A.N.Ananthaselvakumaran .. Petitioner Vs.
1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai, Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
4.Arumugadass 5.Anantharamakrishnan
6.A.N.Anantharamasubbu @ Ram Ananth 7.Subbulakshmi 8.Gowi 9.Shanthi 10.Saroja 11.Narayanan 12.Jothi Ganesh 13.Radha 14.Latha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in T.R:2021/0103/29/261068TR dated 18.04.2021 and quash the same and directing respondents 1 to 3 to delete the name of fourth respondent in Patta No.2528.
W.P.(MD) No.12971 of 2021:
A.N.Ananthaselvakumaran .. Petitioner Vs.
1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai,
Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
4.Balasubramanian 5.Anantharamakrishnan 6.A.N.Anantharamasubbu @ Ram Ananth 7.Subbulakshmi 8.Gowi 9.Shanthi 10.Saroja 11.Narayanan 12.Jothi Ganesh 13.Radha 14.Latha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in T.R:2021/0103/29/261067TR dated 13.03.2021 and quash the same and directing respondents 1 to 3 to delete the name of fourth respondent in Patta No.2528.
In all W.Ps.
For Petitioner :
Mr.S.Meenakshi Sundaram Senior Counsel assisted by Mr.M.Sengu Vijay For RR1 to 3 :
Mr.D.Ghandiraj Special Government Pleader For R4 :
Mr.H.Arumugam COMMON ORDER The petitioner, in all these writ petitions, sought for Writ of Certiorarified Mandamus, calling for the records of the second respondent in respect of the impugned orders, quash the same and direct respondents 1 to 3 to delete the names of the fourth respondent in Patta No.2528.
2. The petitioner is aggrieved by the fact that the impugned orders have been passed without any notice whatsoever to him who is the joint patta holder. It is the case of the petitioner that he, the fifth and sixth respondents and respondents 7 to 14, who are the legal representatives of
one Ananthapadmanabhan, are the co-owners of S.No.705/4B2 measuring an extent of 0.40.05 Hectares comprised in Patta No.2528 of Puthukulam Village, Palayamkottai Taluk. The patta, prior to the inclusion of the names of the fourth respondent, only stood in the name of the petitioner and respondents 5 to 14. All of a sudden, the impugned orders have been passed including the names of the fourth respondent along with others in the patta. No notice as contemplated under Section 10 of the Tamil Nadu Patta Passbook Act, 1983, nor an enquiry has been conducted before the inclusion of the names of the fourth respondent. Aggrieved by the same, the petitioner is before this Court.
3. Heard the learned counsel for the parties.
4. Admittedly, inclusion of the names fourth respondent has taken place without notice to the petitioner. Therefore, these writ petitions are disposed of with a direction to the petitioner to submit his objection to the grant of patta in favour of the fourth respondent to the second respondent, who shall after issuing notice to all parties concerned, hear
them pass a speaking order, after affording an opportunity of personal hearing within a period of four weeks from the date on which the petitioner submits his objection. No costs. Consequently, connected miscellaneous petitions are closed.
03.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Collector, Collectorate, 2.The Zonal Deputy Tahsildar, Palayamkottai, Palayamkottai Taluk Office, 3.The Village Administrative Officer, Puthukulam Village, Konkanthanparai Post, Palayamkottai Taluk, Tirunelveli District.
P.T.ASHA, J.
abr Dated: 03.04.2023