The petitioners placed land in dispute. This court dismissed the writ petition, holding that the petitioners were not inclined to entertain the Writ Petition as the remedy lay in filing an appeal under Section 12 of the Patta Pass Book Act.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.30951 of 2015 and M.P.No.1 of 2015
1.R.Kutty @ Purushothaman
2.Parvathi
3.K.Gopalakrishnan
4.Muniyappan @ Selvaraj
5.Rajamanikam @ Manikam ... Petitioners
Vs.
1.The District Collector,
Thiruvallur District.
2.The Tahsildar,
Madhuravoyal Taluk, Thiruvallur District.
3.The President,
Adaiyalampattu Village & Panchayat,
Madhuravoyal Taluk, Thiruvallur District. ... Respondents
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents from dispossessing the petitioners from their residence comprising in Survey No.33/2 situated at Adayalampattu Village, Madhuravoyal Taluk, Thiruvallur District and consequently, to direct the 2nd respondent to consider the petitioner's representation dated 24.08.2015 and issue patta in favour of the petitioners.
For Petitioners: Mr.M.Rajendran
For Respondents: Ms.A.Madhumathi,
Special Government Pleader
O R D E R
The petitioners have filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents from dispossessing the petitioners from their residence comprising in Survey No.33/2 situated at Adayalampattu Village, Madhuravoyal Taluk, Thiruvallur District and consequently, to direct the 2nd respondent to consider the petitioners' representation dated 24.08.2015 and issue patta in favour of the petitioners.
2.The 2nd respondent filed a counter wherein it has been stated that the petitioners' representation was considered by him and the same was also rejected on 08.05.2015.
3.When the 2nd respondent had rejected the petitioners' application seeking for issuance of patta, the remedy open to the petitioners is only to file an appeal under Section 12 of the Patta Pass Book Act. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioners to challenge the order passed by the 2nd respondent dated 08.05.2015 in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.
s/d-
Assistant Registrar(CS-III)
True Copy
Sub-Assistant Registrar
va
To
1.The District Collector,
Thiruvallur District.
2.The Tahsildar,
Madhuravoyal Taluk, Thiruvallur District.
3.The President,
Adaiyalampattu Village & Panchayat,
Madhuravoyal Taluk, Thiruvallur District.
+1 CC to The Govt. Pleader sr 33849.
W.P.No.30951 of 2015
and M.P.No.1 of 2015
NMI(CO)
SP(11/11/2020)
1 issue framed by the court
Whether a writ of mandamus should be issued to restrain the respondents from dispossessing the petitioners from their residence.
2 provisions across 2 enactments
R.Kutty @ Purushothaman
Parvathi
R.K.Gopalakrishnan
S.Muniyappan @ Selvaraj
Rajamanikam @ Manikam
The District Collector, Thiruvallur District
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
