Petitioner challenged issuance of patta over alleged water body to sixth respondent. Court found existence of alternative remedy. Granted leave to initiate cancellation proceedings before District Revenue Officer within six weeks.
Leave granted to initiate proceedings for cancellation of patta before District Revenue Officer within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.11493 of 2021
M.Sundararaj .. Petitioner
-vs-
1.The State of Tamil Nadu,
rep. by its Secretary,
Revenue Department,
Fort St. George,
Chennai - 600 009.
2.The District Collector,
Coimbatore District,
Coimbatore.
3.The Sub-Collector,
Pollachi,
Coimbatore District.
4.The District Revenue Officer,
O/o the Collectorate,
Coimbatore.
5.The Tahsildar,
Pollachi Taluk,
Pollachi,
Coimbatore District.
6.K.Somasundaram .. Respondents
Petition filed under Article 226 of the Constitution of
India praying for issue of Writ of Mandamus directing the 2nd
and 3rd respondents to initiate appropriate action, cancel the
patta in patta No.271 issued in favour of the 6th respondent for
the water body covered under Survey No.42, Mannur village and
consequently, remove the encroachment and restore the water body
in the said land in a time bound manner.
For Petitioner : Mr.A.Mohamed Ismail For Respondents : Mr.P.Muthukumar
Counsel for the State of Tamil Nadu (Respondent Nos.1 to 5)
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.)
The writ petitioner complains of the issuance of patta No.271 to the sixth respondent as regards S.No.42 at Mannur Village, Pollachi Taluk, Coimbatore District.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Bbr
To:
1.The Secretary,
State of Tamil Nadu,
Revenue Department,
Fort St. George,
Chennai - 600 009.
2.The District Collector,
Coimbatore District,
Coimbatore.
3.The Sub-Collector,
Pollachi,
Coimbatore District.
4.The District Revenue Officer,
O/o the Collectorate,
Coimbatore.
5.The Tahsildar,
Pollachi Taluk,
Pollachi,
Coimbatore District.
+1cc to the Government Pleader, S.R.No. 27363
W.P.No.11493 of 2021
SR II(CO)
GN(12/07/2021)
1 issue framed by the court
Whether a writ petition seeking cancellation of patta issued over alleged water body is maintainable when alternative remedy exists.
1 provisions across 1 enactments
M.Sundararaj
The State of Tamil Nadu
District Collector, Coimbatore
Sub-Collector, Pollachi
District Revenue Officer, Coimbatore
K.Somasundaram
Sanjeev Banerjee
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
