Madras High CourtWP(MD)/8059/2014disposed of

S. Kuthalakannu, v. State Rep. By Its Secretary

2021-04-20Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and M.P.(MD) No.1 of 2014 (Through Video Conference) S.Kuthalakannu

...Petitioner

Vs.

1) State rep. by its Secretary to Government, Revenue Department, Fort St.George, Chennai

2) The District Collector, District Collector's Office, Tirunelveli District.

3) The District Revenue Officer, District Collector's Office, Tirunelveli District.

4) The Tahsildar, Alangulam Taluk, Tirunelveli District.

5) P.Ponmurugan .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 herein to cancel the 2C patta assigned in favour of fifth respondent in Sy. Nos. 269 & 270 of Pethanadarpatti Village, Alangulam Taluk, Tirunelveli District based on the petitioner's representation made before them dated 19.03.2014. For Petitioner: Mr.B.Brijesh Kishore For RR 1 to 4 : Mr.K.P.Narayanakumar, Special Government Pleader For R-5 : Mr.A.Arumugam ******

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to take action on the representation made by the petitioner on 19.03.2014.

2. The case of the petitioner is that that fifth respondent was 1/3

granted 2C Patta for the purpose of doing agriculture in the lands. The grievance of the petitioner is that the fifth respondent was taking steps to put up a Petrol Bunk in the subject property and convert the agricultural land to commercial purpose. The petitioner, therefore made a representation in this regard on 19.03.2014 to the respondents. Since no action was taken, the present Writ Petition has been filed.

3. Heard Mr.B.Brijesh Kishore, learned counsel for the petitioner, Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.A.Arumugam, learned counsel for the fifth respondent.

4. Taking into consideration the facts and circumstances of the case, if the representation made by the petitioner has not already been considered, there shall be a direction to the third respondent to consider the representation made by the petitioner on 19.03.2014 and conduct an enquiry after giving an opportunity to the fifth respondent. If any attempt is made to convert the agricultural lands into a Petrol Bunk or for any other commercial purposes, the 2C Patta shall immediately be cancelled. Necessary orders shall be passed within a period of six(06) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected M.P.(MD) No.1 of 2014 is closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Sts To:

1) The Secretary to Government, Revenue Department, Fort St.George, Chennai 2/3

2) The District Collector, District Collector's Office, Tirunelveli District.

3) The District Revenue Officer, District Collector's Office, Tirunelveli District.

4) The Tahsildar, Alangulam Taluk, Tirunelveli District.

+1cc to Mr.B.Brijesh Kishore, Advocate in Sr.No.17012 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No. 16966. Order made in Dated:

20.04.2021 GS (9.06.2021) 3P 7C 3/3