Jayasaravanabalaji. M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Jayasaravanabalaji. M ... Petitioner Vs 1.The District Collector, O/o. the District Collector, Dindigul.

2.The District Revenue Officer, O/o. the District Collector, Dindigul.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Indira Nagar, Palani.

4.The Tahsildar, O/o. the Tahsildar, Guziliamparai, Dindigul.

5.Muniyandi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 to 4 to cancel the Erroneous Patta granted in 1/5

favour of the 5th respondent herein upon the properties under S.No. 1729/3, 1730/1A and 1732/2 which belongs to Arulmigu Mariamman Thirukovil, Possaripatti, D.Gudalur, Guziliamparai Circle, Dindigul District and further direct the respondents to restore the said Revenue Remittance in the name of Arulmigu Mariamman Thirukovil by considering the petitioner's representation dated 19.07.2023.

For Petitioner : Mr.K.R.Laxman For R1 to R4 : Mr.P.T.Thiraviam Government Advocate For R5 : Mr.N.Sathish Babu

O R D E R

The petitioner has approached the Revenue officials for change of patta for the lands in S.No.1729/3, 1730/1A and 1732/2 and has filed this writ petition for a Mandamus to cancel the Patta granted in favour of the fifth respondent and to restore the same in the name of Arulmigu Mariamman Thirukovil, by considering his representation dated 19.07.2023.

2.The learned Government Advocate appearing for the respondents 1 to 4 submits that this petitioner has submitted the 2/5

application only on 19.07.2023 and filed this writ petition on 11.08.2023 as if the respondents have not acted upon. He further submits that after conducting a detailed enquiry alone, decision would be taken.

3.The learned counsel appearing for the fifth respondent submits that the subject property belongs to the fifth respondent. However, in order to harass the fifth respondent, the petitioner has approached the revenue officials and filed this writ petition. 4.Considering the rival submissions made by either side. 5.The petitioner with some grievance has approached the revenue officials on 19.07.2023 and filed this writ petition on 11.08.2023. The learned Government Advocate submits that after conducting a detailed enquiry, decision would be taken on the petitioner's application. On the other hand, the fifth respondent is claiming right over the subject property. In view of the above, this 3/5

writ petition is disposed of with a direction to the official respondents to conduct an enquiry after providing an opportunity to the fifth respondent and take a decision within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 07.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The District Collector, O/o. the District Collector, Dindigul.

2.The District Revenue Officer, O/o. the District Collector, Dindigul.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Indira Nagar, Palani.

4.The Tahsildar, O/o. the Tahsildar, Guziliamparai, Dindigul.

4/5

B.PUGALENDHI, J.

vrn Order made in 07.09.2023 5/5