M.Jayaramu, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.15773 of 2017 M.Jayaramu ... Petitioner v.

1.The State of Tamil Nadu, Rep. by its Principal Secretary and Commissioner, Land Administration, Chepauk, Chennai.

2.The District Collector, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

4.Palaniappan Chettiar 5.P.Chidambaram ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents not to 1/4

issue fresh patta to the lands in S.No.84/3A4, 84/3A7, 84/5B5, by considering the petitioner's representation dated 12.09.2017. For Petitioner : Ms.Chamundi Bose For Respondents : Mr.P.T.Thiraviam, Government Advocate for R.1 to R.3 No appearance for R.4 & R.5 *****

ORDER

The petitioner said to have purchased the land in S.Nos.84/3A4, 84/3A7, 84/5B5 from one Ramanathan Chettiar S/o.Chidambaram Chettiar by a registered sale deeed dated 26.05.1995. Subsequent to the purchase, the patta was also transferred in the name of the petitioner. While so, one Palani and six others have filed a suit before the Sub Court, Sivagangai, in O.S.No. 38 of 2013 as against the petitioner and others. In the meantime, the patta granted in the name of this petitioner was cancelled and the revenue authorities have attempted to issue patta in favour of third parties. Therefore, the petitioner has approached this Court for a mandamus directing the respondents not to issue any fresh patta in respect of the subject properties. 2/4

2.There is no representation for the petitioner, even though the matter is listed under the caption 'for dismissal'.

3.Learned Government Advocate, on instructions, submitted that the petitioner is aware that the patta stood in the name of the petitioner has already been cancelled and fresh pattas have been issued to third parties. The petitioner neither challenged the order of cancellation of patta nor added the parties as respondents in favour of whom the pattas have now been granted. 4.In view of the submission made by the learned Government Advocate, this writ petition stands dismissed with liberty to the petitioner to challenge the order of cancellation of patta, in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. Index :

Yes / No 16.06.2023 NCC :

Yes / No gk 3/4

B.PUGALENDHI, J.

gk To 1.The Principal Secretary and Commissioner, State of Tamil Nadu, Land Administration, Chepauk, Chennai.

2.The District Collector, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

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