Anbillar Nagar Kudirupor, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No. 1 of 2014 Anbillar Nagar Kudirupor Nala Sangam, Reg No.119 of 2012, Represented by its Secretary Mr.V.Sankar, No-4, Anbillar Nagar, Edamalaipatti Pudur, ... Petitioner Vs 1.The District Revenue Officer, Trichy, 2.The Tahsildar, Tahsildar Office, Srirangam, Srirangam Taluk, 3.The Special Tahsildar, Back Ward Class and Most Back Ward Class Welfare Department, 1/5

Collector Office, Periamilaguparai, 4.Malathi 5.Sathya 6.Uma 7.Rajammal 8.Karunakaran 9.Uma 10.Uma Maheshwari 11.Subbulakshmi 12.Manimekalai 13.Santhi 14.Kalai Selvi 15.Kannammal 16.Vali Kannu 17.Banu Priya 18.Santha 19.Chitra 20.Parimala 21.Muthukumari ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the pattas issued to the respondents 4 to 21 for the vacant land in the survey No. 145/5 situated at Anbillar Nagar, Edamalaipatti Pudur, Trichy District within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.3 2/5

Mr.M.Pitchaimuthu for R.4 to R.11 & R.16 to R.19 Mr.S.Manohar for R.12 to R.15, R.20 & R.21

ORDER

Heard the learned counsel on either side.

2. This writ petition has been filed by Welfare Association. The case of the petitioner is that patta issued in respect of the petition mentioned land meant for common purpose should be cancelled.

3. The learned counsel appearing for the petitioner drew my attention to the response of the Department in this regard. It has been admitted by the official respondents themselves that pattas were granted in favour of as many as 52 persons even though the lands had been earmarked for communal purpose. After this writ petition came to be filed, the authorities have taken steps to have the pattas cancelled. Since some 6 persons have already put up construction, the Department does not want to disturb them but recognize their possession. For the remaining 46 pattas, cancellation orders have already been issued. Steps have been taken to resume possession also. The statement made by the official respondents before this Court is recorded. 3/5

4. The official respondents are directed to resume the possession of the petition mentioned vacant land forthwith and without delay. Since 6 persons have already putup construction, their possession may not be disturbed.

5. This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Revenue Officer, Trichy, 2.The Tahsildar, Tahsildar Office, Srirangam, Srirangam Taluk, 3.The Special Tahsildar, Back Ward Class and Most Back Ward Class Welfare Department, Collector Office, Periamilaguparai, 4/5

G.R.SWAMINATHAN, J.

MGA and M.P(MD)No.1 of 2014 04.07.2023 5/5