Arockiya Sahayaraj R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Arockiya Sahayaraj ... Petitioner -vs1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, Trichy District, Trichy.

3. The Revenue Divisional Officer, Lalgudi, Trichy District.

4. The Tahsildar,

5. The Block Development Officer, Lalgudi Panchayat Union, Lalgudi, Trichy District.

6. The Panchayat President, Sevanthinathapuram Village Panchayat,

7. S.Mayuranathan

8. S.Natarajan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to take effective steps to cancel Patta No.238 issued to the respondents 7 and 8 by the 4th respondent in the government land situated at Survey Number 144/1, Mayilarangam, Sevanthinathapuram Village, Lalgudi Taluk, Trichy District within a time frame that may be stipulated by this Honble Court.

For Petitioner :

Mr.B.S.Meltiue For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.S.P.Maharajan Special Government Pleader for R5 & R6

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 4 and Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 5 and 6.

2. Considering the nature of the relief, notice to the private respondents is deemed unnecessary.

3. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

4. The petitioner seeks a mandamus to cancel the patta that was granted in the year 1996. Of course, an objection was raised in the year 1996 itself and the objectors were directed to file an appeal against the order granting patta. No material has been placed to show that such an appeal was filed. It is

seen that the trigger for this writ petition is a sale deed executed by the person, who obtained patta in 1996, on 23.02.2022.

5. We, therefore, do not see any bona fides in this writ petition. The writ petition fails and it is accordingly dismissed on the grounds of laches and delay. No costs.

[R.S.M., J.] [L.V.G., J.] 12.06.2023 NCC : No Index : No Internet : Yes PKN To

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, Trichy District, Trichy.

3. The Revenue Divisional Officer, Lalgudi, Trichy District.

4. The Tahsildar,

5. The Block Development Officer, Lalgudi Panchayat Union, Lalgudi, Trichy District.

6. The Panchayat President, Sevanthinathapuram Village Panchayat,

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 12.06.2023