R.Annalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.20071 of 2025 R.Annalakshmi ... Petitioner .Vs.

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.Thirupathi 5.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent not to issue patta to the respondents 4 and 5 merely based on enquiry in Na.Ka.NO. 2033/2015/S, dated 11.7.2025 and consequently direct them to conduct field enquiry in the lay out site of MDCC Colony exist in 1/6

S.Nos.21/1,22/1, 22/2,22/3,22/4 and 23/6 with 69 plots including the place for Government for usage of park and roads situated at MDCC Colony, Ayyanarpuram, Samanatham Village, Panayur post.

For Petitioner : Mr.J.VijayaRaja For Respondents : Mr.D.S.Nedunchezian 1 to 3 Govt. Advocate

O R D E R

The Petitioner herein seeks a direction to the third respondent not to issue patta to the respondents 4 and 5 only based on the enquiry initiated by him in Na.Ka.NO.2033/2015/S, dated 11.7.2025 and consequently direct them to conduct field enquiry in respect of S.Nos.21/1,22/1, 22/2,22/3, 22/4 and 23/6 situated at MDCC Colony, Ayyanarpuram, Samanatham Village, Panayur post.

2.Mr.D.S.Nedunchezian, learned Government Advocate takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, the property situated in the above mentioned survey numbers were plotted out by MDCC 2/6

Bank and a layout called MDCC Colony was formed and certain portions of the land had been earmarked for public purpose. The private respondents illegally purchased the portion of land earmarked for public purpose and filed an application before the third respondent seeking issuance of Patta. It is the specific case of the Petitioner that portion of the property earmarked for public purpose has been converted as plot and sold in favour of private respondents.Therefore, according to the Petitioner, if the third respondent conducted a field enquiry, he will be in a position to find out the allegation made by the Petitioner. Hence the instant Writ Petition has been filed with the above mentioned prayer. 4.Mr.D.S.

Nedunchezian, learned Government Advocate who takes notice for the respondents 1 to 3 would submit that pursuant to the patta transfer appliation submitted by the respondents 4 and 5, the third respondent initiated enquiry in his proceedings in Na.Ka.NO.2033/2015/S, dted 11.7.2025 and it is open to the Petitioner to file his objections in the enquiry. 5.Since the enquiry is pending on the file of third respondent, the Petitioner is directed to appear before the third respondent and make his objections regarding conversion of land earmarked for public purpose as plots.

Petitioner to make a request for spot inspection by the third respondent. If any such inspection nd request have been made by the Petitioner, it is for the third respondent to consider the same and pass final orders in accordance with law,after affording reasonable opportunity to the Petitioner and respondents 4 and 5. The enquiry initiated by the third respondent shall be completed within a period of 14 weeks from the date of receipt of a copy of this order.

6.With the above observation and direction, the Writ Petition stands disposed of. No costs.

23.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, 2.The Revenue Divisional Officer, 4/6

3.The Tahsildar, S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.20071 of 2025 5/6

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