Writ petition filed for issuance of Mandamus forbidding eviction of petitioners from patta land. The Court dismissed the petition citing lack of necessary evidence regarding revenue authority visits and failure to produce revenue records in the affidavit.
Writ petition failed and dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2018 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.18630 of 2018
... Petitioners
vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to forbear the respondents from evicting the petitioners from the patta land in New Survey No.777/8, 781/2, 779/1 at Anumanthakudi Village, Devakottai PO, Sivagangai District without following due process of law by considering their common representation dated 23.07.2018.
For Petitioners : Mr.D.Selvanayagam For Respondents : Mr.C.Ramar Additional Government Pleader
O R D E R
(Order of the Court was made by T.RAJA, J.)
This Writ Petition has been filed seeking a writ of Mandamus to forbear the respondents from evicting the petitioners from the patta land in New Survey No.777/8, 781/2, 779/1 at Anumanthakudi Village, Devakottai PO, Sivagangai District without following due process of law by considering their common representation dated 23.07.2018.
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2.Learned counsel for the petitioners would submit that the petitioners' family are enjoying the land in question for more than 100 years from his forefathers and they have been issued with patta for 12 cents of land. Two more persons, namely, Sebastian and Jebamalai were also issued with patta insofar the land in S.No.777-8. The patta issued in the name of the petitioners' forefathers Mr.Vedamuthu in Anumanthakudi village, as patta No.691 to an extent of 0.01.20 cents in S.No.781/2. The Tahsildar of Devakottai Taluk, the third respondent herein has made certain sub divisions and he has also prepared a field map showing the sub divisions referring S.Nos.773, 776, 771, 778 and 780, which has not been acceptable by the petitioners. To set right the error and mistake committed by the revenue authorities while doing sub division of certain lands, a representation has been given to the District Collector on 23.07.2018 indicating that the orders issued against one Rani, W/o.Jebaraj dated 29.06.2018 is wholly untenable and unacceptable.
5.This Court is not inclined to entertain this writ petition for the following reasons:
(i) Initially, when the petitioners have been issued with patta, as and when the revenue authorities approach them, it is for the petitioners to show the copy of the patta stating they are in possession and enjoyment of the land. However, when that stage has not yet come to the petitioners, the petitioners cannot come to this Court;
(ii) Secondly, when the petitioners averred in Paragraph No.6 of the affidavit filed in support of the writ petition that the Zonal Deputy Tahsildar has approached the petitioners, curiously, nowhere, on what date, the fourth respondent has visited the petitioner's property has been mentioned and the statement made in the affidavit is unbelievable ; and
(iii) Thirdly, had there been any visit by the fourth https://hcservices.ecourts.gov.in/hcservices/ respondent to the petitioners' property, on the same day or the next day, they could have made a representation enclosing the copy
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of the revenue records including patta and other documents, which has not been done and the affidavit is silent about the fact that they have approached the revenue authorities.
| Sd/- Assistant Registrar(CS-III) /True Copy/ |
|
|---|---|
| To | Sub Assistant Registrar(CS-II) |
| 1. | The District Collector, Sivagangai District, Sivagangai |
| 2. | The Revenue Divisional Officer, Sivagangai Sivagangai District. |
| 3. | The Tahsildar, Devakottai Taluk Sivagangai District. |
| 4. | The Zonal Deputy Tahsildar, Devakottai |
| Sivagangai District. | |
| +1cc +1cc |
to Mr.D.Selvanayagam, Advocate Sr.No.80206 to Spl.Government Pleader Sr.No.80616 |
| RR | |
| VB/R | P/SAR2/28.09.2018/3P/7C |
W.P(MD)No.18630 of 2018 27.08.2018
1 issue framed by the court
Whether this Court is inclined to entertain the writ petition seeking forbearance from eviction without due process of law.
2 provisions across 2 enactments
Arockia Mary and others
District Collector, Sivagangai District
Revenue Divisional Officer, Sivagangai
Tahsildar, Devakottai Taluk
Zonal Deputy Tahsildar, Devakottai
T. Raja
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
