M. Ramanathan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI M.Ramanathan : Petitioner Vs.
1.The Commissioner, Land Ceiling and Maintenance Department, Near Ulaipalar Statue, Ezhilagam,Chepauk, Chennai.
2.The District Collector, Tuticorin District, Tuticorin.
3.The Revenue Divisional Officer, Kovilpatti Division, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.
5.The Sub Registrar, Vilathikulam Sub Registrar Office, Vilathikulam, Tuticorin District.
6.Kulandaivel Nadar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second and third respondents to cancel the patta and recover the lands comprised in S.F.Nos.139/7, 139/8A, 139/9, 139/12, 139/13, 139/8B & 139/9A in M.Shanmugapuram Village and S.F.Nos.149/7, 149/8, 149/9, 149/10, 149/11, 149/12, 158/6, 158/7, 159/1, 159/2, 159/3, 159/4, 159/5, 159/6 in K.Thangammalpuram Village to a total extent area is 21 Acres 10 cents in Soorangudi Post, Tuticorin District as per the fourth respondent report in Na.Ka.No.Aa7/9846/2018 dated 15.11.2018. For Petitioner : Mr.A.Rajaram For Respondents 1 to 5 : Mr.A.K.Baskara Pandian Special Government Pleader 1/6
O R D E R
*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] By consent of both parties, the Writ Petition is taken up for disposal at the admission stage itself.
2.This Writ Petition has been filed for a direction upon the second and third respondents to cancel the patta and recover the lands comprised in S.F.Nos.139/7, 139/8A, 139/9, 139/12, 139/13, 139/8B & 139/9A in M.Shanmugapuram Village and S.F.Nos.149/7, 149/8, 149/9, 149/10, 149/11, 149/12, 158/6, 158/7, 159/1, 159/2, 159/3, 159/4, 159/5, 159/6 in K.Thangammalpuram Village to a total extent of 21 Acres 10 cents in Soorangudi Post, Tuticorin District as per the report of the fourth respondent in Na.Ka.No.Aa7/9846/2018 dated 15.11.2018.
3.Heard Mr.A.Rajaram, learned Counsel appearing on behalf of the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader accepting notice on behalf of respondents 1 to 5. 4.The learned Special Government Pleader, on instructions, submitted that appropriate action has been initiated and the matter has been investigated into and proceedings have been issued on 15.11.2019. Further, there are some clarifications sought for and the clarification has been given and appropriate action will be initiated in accordance with law.
5.The said submission made by the learned Special Government Pleader, on instructions from the Tahsildar, Vilathikulam is placed on record and the Tahsildar, Vilathikulam is directed to take further steps and if it is found that any illegal patta has been granted by abusing the powers, the same need to be cancelled in accordance with law, appropriate legal action be initiated and concluded within a period of three [3] months from the date of receipt of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) MR 2/6
To 1.The Commissioner, Land Ceiling and Maintenance Department, Near Ulaipalar Statue, Ezhilagam, Chepauk, Chennai.
2.The District Collector, Tuticorin District, Tuticorin.
3.The Revenue Divisional Officer, Kovilpatti Division, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.
5.The Sub Registrar, Vilathikulam Sub Registrar Office, Vilathikulam, Tuticorin District.
+1CC TO MR.A.RAJARAM , Advocate Sr. No.95014 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 95151 Order made in Dated: 30.10.2019 SCR(CO) TR(12.11.2019) 3P 8C 3/6