Muthuvellai K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.Muthuvellai ... Petitioner vs.
1. The District Collector, Collector Office, Sivagangai & District.
2. The Revenue Divisional Officer, Devakottai Revenue Division, Devakottai, Sivagangai District.
3. The Revenue Inspector, Revenue Inspector Office, S.Pudur, Sivagangai District.
4. Valliammai
5. Ramalingam
6. Ganesan
7. Muthu ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta issued in the name of the private respondents' father in Patta No.14 in respect of Survey No.197/22, with an extent of 0.07.65 Ares situated in Ward No.2, Aaranipatti Village, Mandhakudipatti Panchayat, Sivagangai District and restore the same as pathway by demolishing the compound wall.
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For Petitioner : Mr.A.Arul Jenifer for Mr.K.G.Arunkumar For R1 to R3 : Mr.P.Thilakkumar, Government Pleader
O R D E R
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity). Captioned Writ Petition has been filed in this Court on 06.10.2023 as a 'Public Interest Litigation' (hereinafter 'PIL' for the sake of brevity). 2.
Short facts will suffice. Short facts shorn of elaboration are that the nucleus of the captioned writ petition is Patta No.14 issued qua land comprised in Survey No.197/22 in Aaranipatti Village, Mandhakudipatti Panchayat, Sivagangai District admeasuring 0.07.65 Ares [hereinafter 'said land' for the sake of convenience]. 3.
Mr.A.Arul Jenifer learned counsel representing learned counsel on record for petitioner submitted that said patta has been issued in favour of one Alagu Konar [spouse of 4th respondent]. To be noted, respondents 5 to 7 are children of Alagu Konar. Further, to be noted that the prayer wrongly mentions Alagu Konar as father of all private Page No.2 of 9
respondents. In the hearing, it became clear that Alagu Konar is spouse of 4th respondent and father of respondents 5 to 7. 4.
Issue notice to official respondents.
5.
Mr.P.Thilakkumar, learned Government Pleader accepted notice for official respondents.
6.
Learned State Counsel pointed out that there is a specific provision for cancellation of patta.
7.
Learned State Counsel submitted that The Tamil Nadu Patta Passbook Act, 1983, is the Statute. However, learned counsel for petitioner submitted that the said Statute will not apply. 8.
Be that as it may, this Court is clear that there can be no patta cancellation proceedings without notice to pattaholder. 9.
In this scenario, learned counsel for petitioner abridged his prayer and submitted that it will suffice if there is a directive to the 2nd Page No.3 of 9
respondent to dispose of representation dated 29.11.2021 sent by the petitioner. Scanned copy of 29.11.2021 representation as placed before us is as follows:- Page No.4 of 9
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10.
Interestingly, in this representation itself, the writ petitioner himself has shown private respondents 4 to 7 as respondents 1 to 4. Therefore, it is obvious that notice should go from the 2nd respondent and private respondents 4 to 7 should be given an opportunity to putforth their case before the representation dated 29.11.2021 is disposed of. 11.
We direct the 2nd respondent to dispose of aforementioned 29.11.2021 representation after giving opportunity to private respondents 4 to 7 and this drill shall be on its own merits and in accordance with law de hors this order. We express no opinion on personal hearing and we leave it to the discretion of 2nd respondent. It is well open to the 2nd respondent to merely call for a show cause or give a personal hearing depending on what unfurls before the 2nd respondent. Keeping in mind the aforementioned narrative and observations, we direct the 2nd respondent to dispose of aforementioned 29.11.2021 representation in the aforesaid manner as expeditiously as his official business would permit but in any event within a period of twelve weeks from today i.e., by 10.01.2024.
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12.
Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 18.10.2023 Index : Yes / No : Yes / No bala To
1. The District Collector, Collector Office, Sivagangai & District.
2. The Revenue Divisional Officer, Devakottai Revenue Division, Devakottai, Sivagangai District.
3. The Revenue Inspector, Revenue Inspector Office, S.Pudur, Sivagangai District.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
bala ORDER MADE IN DATED : 18.10.2023 Page No.9 of 9