P.Elango v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Elango ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Karur District, Karur.

3.S.Sivasamy 4.Sumathi 5.T.Vijayalakshmi 6.P.Radhamani 7.P.Chandrasekaran 8.P.Lakshmi 9.R.Chinnadurai 10.R.Palanisamy 11.R.Senthil ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

2nd respondent to initiate an enquiry with regard to the cancellation of patta and its relevant deeds in respect of the properties situated in Survey Nos.226, 209, 210, 238, 239, 263 of K.Paramathi Village, Pugalur Taluk, Karur District on the basis of representation dated 23.09.2023. For Petitioner : Mr.M.Sankar For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.As rightly pointed out by the learned Additional Government Pleader, the petitioner's request for cancellation of deeds cannot be accepted. The scope of this writ petition is confined only to the issue of cancellation of patta alone.

3.The petitioner states that the property belonged to his paternal grandfather / Velappa Gounder. Velappa Gounder passed away in the 2/4

year 1975. He had four sons. The petitioner states that Velappa Gounder died intestate. Revenue records were also not mutated. But the private respondents 3 to 8 illegally sold the property in favour of the respondents 9 to 11. The case of the petitioner is that the revenue record should reflect his name also as joint pattadar. The petitioner is permitted to submit a proper representation before the second respondent. The second respondent will hold an enquiry. Notice will be issued to all the interested persons. Thereafter, final order shall be passed on merits and in accordance with law that the petitioner should be included as joint pattadar. This exercise shall be completed within a period of sixteen weeks from the date of submission of a fresh representation by the petitioner.

4.This writ petition is disposed of accordingly. No costs. 07.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Karur District, Karur.

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