Palaniappan K.R. v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.R.Palaniappan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

4.Sathappan 5.Vasantha 6.Ganesan 7.Alagu 8.Revathi 9.Vijaya 10.Meenal 11.Solai

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st to 3rd Respondents to cancel the patta issued in favour of the respondents No.5 to 11 in respect of lands in Old Survey No.514/1, New Survey Nos.590/9 and 590/13, 1/4

admeasuring about 8.15 ares (about 19 cents) situated at Pillayarpatti Village Group, Tiruppathur Taluk, Sivagangai District and issue the patta in the name of the petitioner.

For Petitioner : Mr.V.Kannan For R1 to R3 : Mr.A.K.Manikkam Special Government Pleader For R4 to R6 & R8 to R11 : Mr.R.Balakrishnan O RDER This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner and to cancel the patta that has been granted in favour of the respondents 5 to 11 with respect to the subject property. 2.Heard the learned counsel for the petitioner, learned Special Government Pleader for the official respondents and the learned counsel for the respondents 4 to 6 and 8 to 11.

3.On going through the materials placed before this Court, it could be seen that only the assignment patta has been granted in favour of the respondents 5 to 11. Even otherwise, the petitioner is claiming right through the 2/4

mortgage deed dated 23.03.1987, which was executed by the petitioner with respect to the subject property. There is nothing available on record to show as to how the petitioner is entitled to claim right or title over the subject property. 4.In view of the same, the petitioner does not have any locus standi to question the patta that has been granted in favour of the respondents 5 to 11 and there is no merit in this writ petition.

5.In view of the above, this writ petition is dismissed. No costs. 09.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

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N.ANAND VENKATESH, J.

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