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Madras High CourtWP(MD)/16705/2016closed

S.Jeevarathinam, v. The District Collector

2023-04-21Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Jeevarathinam

...Petitioner

Vs 1.The District Collector, Tiruchirappalli District, Trichy.

2.The District Revenue Officer, Tiruchirappalli District, Trichy.

3.The Tahsildar, Lalkudi Taluk, Tiruchirappalli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 01.08.2016.

For Petitioner : Mr.N.Marimuthu for Mr.A.Chandrakumar For Respondents : Mr.M.Sarangan Additional Government Pleader 1/5

O R D E R

This writ petition was filed in the year 2016 for a Mandamus, directing the second respondent to consider the petitioner's representation, dated 01.08.2016. 2.The grievance of the petitioner is that the respondents have attempted to cancel the patta, which has been granted in favour of the petitioner. Therefore, he submitted a representation to the respondents not to cancel the patta and filed this writ petition for a Mandamus.

3.The learned counsel appearing for the petitioner submits that the Sub Collector, Lalkudi has passed an order in Na.Ka.No.A3/2884/15, dated 04.07.2016, cancelling the assignment of the land to the petitioner and directed the concerned officials to restore the land in Survey No.295-6, to an extent of 0.20.0 Ares of Lalkudi Taluk, Periyakurukkai Village as ''Tharisu''. 2/5

4.The learned Additional Government Pleader appearing for the respondents submits that the petitioner was assigned with a land in Survey No.295-6, to an extent of 0.20.0 Ares of Lalkudi Taluk, Periyakurukkai Village, as per the Special Scheme in the year 2006 on a condition that the petitioner shall not convey the property for a period of 30 years. However, the petitioner by executing a general power has sold the property to a third party by document No. 3355-2014 within six years from the date of assignment. Since the petitioner has violated the condition, the assignment was cancelled and consequently patta stands in the name of the petitioner was also cancelled. The land was restored as ''tharisu''. 5.Recording the submissions made by the learned Additional Government Pleader, this writ petition is closed as no further order is required. No costs.

21.04.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn 3/5

To 1.The District Collector, Tiruchirappalli District, Trichy.

2.The District Revenue Officer, Tiruchirappalli District, Trichy.

3.The Tahsildar, Lalkudi Taluk, Tiruchirappalli District.

4/5

B.PUGALENDHI, J.

vrn Order made in 21.04.2023 5/5