Madasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Madasamy ... Petitioner -vs1.The District Collector, Tenkasi, Tenkasi District.

2.The District Revenue Officer, Tenkasi, Tenkasi District.

3.The Revenue Divisional Officer, Sankarankovil, Thenkasi District.

4.The Tahsildar, Sivagiri Taluk, Thenkasi District.

5.Ramachandra Thevar 6.Bhooloha Pandi 7.Umaiyappa Thevar 8.Paul Samy 9.Chinna Bhoologa Pandi ...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing 3rd and 4th respondents to dispose of petitioner's representation, dated 28.07.2023, pertaining to cancellation of the patta standing in the name of the respondents No.5 to 9 in respect of petitioner's landed property of an extent of 2 Acre 56 cents in Survey No.139/2, 140/1, and 140/2 as expeditiously as possible. For Petitioner :

Mr.B.Arun For Respondents 1 to 4 : Mr.M.Muthumanikkam, Govt. Advocate.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing third and fourth respondents to dispose of the petitioner's representation, dated 28.07.2023, pertaining to cancellation of the patta standing in the names of respondents Nos.5 to 9 in respect of the petitioner's landed property of an extent of 2 Acre 56 cents in Survey Nos.139/2, 140/1, and 140/2 in Kodangipatti Village, Iruvappuram, Sivagiri Taluk, Thenkasi, as expeditiously as possible.

2. The petitioner states that the subject properties in Survey Nos. 139/2, 140/1, and 140/2, measuring an extent of of 1 Acres 56 Cents, in Kodangipatti Village, Iruvappuram, Sivagiri Taluk, Thenkasi, originally belonged to his grandparents. He further states that after the demise of his grandparents, he has been in possession and enjoyment and exclusively conducting agricultural operations. While so, the petitioner applied for patta in his name for the subject properties. During UDR proceedings, the patta was transferred in the names of respondents 5 to 9. He submitted a detailed representation to the respondents, stating that respondents 5 to 9 obtained patta fraudulently and, therefore, prayed to cancel the patta standing the names of respondents 5 to 9. As the petitioner's representation was not considered by the respondents, the petitioner filed the above Writ Petition for the aforesaid relief.

3. The learned Government Advocate submits that the second respondent, to whom the representation has also been addressed, may be directed to dispose of the same within the timeline stated in the Circular, dated 17.07.2023 of the Commissioner of Land Administration, Chennai.

4. As the petitioner filed the representation as early as on 28.07.2023 and as no action has been taken thereon, a direction is issued to the second respondent to dispose of the representation of the petitioner, dated

28.07.2023, within the stipulated time mentioned in the Circular, dated 17.07.2023, of the Commissioner of Land Administration, Chennai, on merit and in accordance with law.

5. Writ Petition is disposed of accordingly. No costs. 21.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1.The District Collector, Tenkasi, Tenkasi District.

2.The District Revenue Officer, Tenkasi, Tenkasi District.

3.The Revenue Divisional Officer, Sankarankovil, Thenkasi District.

4.The Tahsildar, Sivagiri Taluk, Thenkasi District.

N.MALA, J.

dixit 21.11.2024