Srinivasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.27082 OF 2024 and W.M.P(MD)No.23635 of 2024 Srinivasan : Petitioner .vs.

1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Thiruppathur Taluk, Sivagangai District.

3.The Revenue Divisional officer, Thiruppathur Taluk, Sivagangai District.

4.The Village Administrative Officer, Thiruppathur Taluk, Sivagangai District.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to set aside the suo-moto order passed by the fourth respondent in cancelling the order passed by the fourth respondent itself in proceedings inDR.2022/0103/23/14048TR, dated 12.4.2022 and subsequently, reinstate the patta No.988 relating to S.No.177/3 of Kottaiyiruppu Village, Thiruppathur Taluk, Sivagangai.

For Petitioner :Mr.M.S.Senthilkumar For Respondents :Mr.M.Muthumanikkam 1 to 4 Government Advocate

O R D E R

********** The Petitioner filed the above Writ Petition for a mandamus directing the third respondent to set aside the suo moto order passed by the fourth respondent in cancelling the order passed by the fourth respondent itself in proceedings inDR.

2022/0103/23/14048TR, dated 12.4.2022 and subsequently, reinstate the patta No.988 relating to s.No.177/3 of Kottaiyiruppu Village, Thiruppathur Taluk, Sivagangai.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. With the consent of the parties, the main Writ Petition is taken up for final disposal. 3.Aggrieved by the cancellation of patta issued in his favour in patta No.988 by the fourth respondent, the Petitioner submitted a representation to the third respondent to set aside the suo motu order of the fourth respondent ,cancelling the patta issued in his favour in patta No.988.

4.The property in S.No.177/3A to an extent of 2 hectares and 17 ares at Kottaiyiruppu Village, originally belonged to the Petitioner's great grand father Late Veeranan.The said Veeranan died leaving behind his sons Narayanan, Chidambaram and Chinnapayal @ Veeranan as his legal heirs. Late Veeranan, Chidambaram had only one female legal heir and so it was decided by all the legal heirs that the marriage expenses of the sole female legal heir would be borne by Narayanan and Chinnapayal @ Veeranani. On the basis of the said decision, the said Narayanan and Chinnapayal @ Veeranan entered into a registered partition deed on 16.02.2017.

As the names of some of the legal heirs of Narayanan as well as the son of Chinnapayal @ Veeranan were left out in the joint partta issued for the subject lands, the Petitioner submitted a representation to the fourth respondent with relevant documents for inclusion of the left out names. After due enquiry, the fourth respondent by his order, dated 12.4.2022, included the name of the Petitioner and Manickam as the legal heirs of Suriyakone and Mayandi in new Patta No.988 instead of the old Patta No.722. When the Petitioner made arrangements for partition of the said property, among the present legal heirs, he found that the new patta No.988 was illegally cancelled and the old patta No.722 was restored.

motu order of the fourth respondent and to restore the patta granted vide order, dated 12.4.2022. As the Petitioner was not issued with the order cancelling the proceedings, dated 12.04.2022, the petitioner could not challenge the same. The Petitioner, therefore, filed the above Writ Petition for the aforesaid relief.

5.It is seen that the Petitioner has filed a detailed representation to the third respondent against the suo-motu order passed by the fourth respondent cancelling the earlier order, dated 12.4.2022, that too, without notice to him.. 6.In view of the fact that the Petitioner's representation for cancellation of the suo-motu order passed by the fourth respondent is pending with the third respondent for more than 2 years, I am inclined to issue direction to the third respondent to dispose of the Petitioner's representation, dated 21.10.2024, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. Needless to state that the Petitioner and all interested persons would be put on notice before passing final orders.

7.With the above direction, the Writ Petition stands disposed

of. No costs Consequently, connected Miscellaneous Petition is closed.

06.01.2025 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Thiruppathur Taluk, Sivagangai District.

3.The Revenue Divisional officer, Thiruppathur Taluk, Sivagangai District.

4.The Village Administrative Officer, Thiruppathur Taluk, Sivagangai District.

N.MALA, J.

vsn ORDER MADE IN W.P(MD)NO.27082 OF 2024 and W.M.P(MD)No.23635 of 2024 06.012025