The Madras High Court directed the Revenue Divisional Officer to pass appropriate orders on a within six weeks regarding the petitioner's request to cancel a patta alleged to have been obtained illegally.
Directed the second respondent to pass appropriate orders within six weeks. Disposed of the writ petition. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No. 16481 of 2021
C. Manikandan ...Petitioner
Versus
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 07.02.2020 submitted to cancel the Patta issued in favour of 4th and 5th respondents herein for the property bearing R.S.No.232/18 (Old Survey No.232/8B,8B1B), Plot to an extent of 0.03.43 ares, 343 Sq.mt situated at Nagapattinam Registration District, Tiruthuraipooondi SubRegistration District, Thiruthuraipoondi Taluk, Deevammapuram Revenue Village, Varambyam Panchayat Limit, Vittukatti Village, Tiruvarur District.
For Petitioner : Mr. S.Senthil Kumar for S.Nagarajan For Respondents : Mr.Yogesh Kannadasan 1-3 Government Advocate 4&5 : Mr.M.Vijayaraghavan
O R D E R
This writ petition is filed for the issuance of a writ of mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 07.02.2020 submitted to cancel the Patta issued in favour of 4th and 5th respondents herein for the property bearing R.S.No.232/18 (Old Survey No.232/8B,8B1B), Plot to an extent of 0.03.43 ares, 343 Sq.mt situated at Nagapattinam Registration District, Tiruthuraipooondi Sub-Registration District, Thiruthuraipoondi Taluk, Deevammapuram Revenue Village, Varambyam Panchayat Limit, Vittukatti Village, Tiruvarur District.
respondent and the son of the said Annadurai, by way of registered settlement deed dated 21.11.2019. Based on this settlement deed he obtained patta. Therefore, the petitioner submitted a representation to the 2nd respondent herein to cancel the patta issued to the 4th and 5th respondent by the 3rd respondent herein, as the same was obtained illegally by misrepresentation with an intention to misappropriate the land illegally belonging to the petitioner. The 2nd respondent directed the 3rd respondent to submit a report in this regard on 17.02.2020. Further, the 3rd respondent directed the Firka Surveyor on 06.03.2020 to conduct spot inspection and asked to file a report. Since the report was not received from the 3rd respondent, the 2nd respondent sent several remainders to the 3rd respondent on 19.06.2020, 03.08.2020 and 19.08.2020 and thereafter, it seems the report has been sent by the 3rd respondent to the 2nd respondent and thereafter the 2nd respondent sent three notices calling upon the petitioner to appear before him on 24.12.2020, 21.01.2021 and 09.06.2021 for enquiry and the petitioner duly appeared for enquiry before the 2nd respondent, on all the dates but no orders have been passed by the 2nd respondent with respect to the representation of the petitioner dated 07.02.2020. Further, the application submitted by petitioner was kept in cold storage without bestowing attention to it. The petitioner also made written and oral representation on many occasions to respondents 1 to 3 requesting to cancel the patta issued in the name of respondents 4 and 5. Till date his request has not been considered. Hence the petitioner approached this Court by way of filing this writ petition, seeking direction to direct the 2nd respondent to consider and pass order on his representation dated 07.02.2020 and also to cancel the patta issued in favour of 4th and 5th respondents.
With the above direction, this writ petition is disposed of. No costs.
Sd/-
Assistant Registrar(CS IV)
True Copy//
Sub Assistant Registrar
bkn
To
+1cc to Mr.M.Vijayaraghavan, Advocate, S.R.No.44988 +1cc to the Government Pleader, S.R.No.45229
W.P. No. 16481 of 2021
RLD[co] NSK 09/11/2021
2 issues framed by the court
Whether the Revenue Divisional Officer is directed to pass an appropriate order on the petitioner's representation to cancel the patta.
Whether the patta issued in favour of the fourth and fifth respondents should be cancelled due to alleged misappropriation.
1 provisions across 1 enactments
C. Manikandan
The District Collector, Tiruvarur District
The Revenue Divisional Officer, Mannargudi
The Tahsildar, Thiruthuraipoondi Taluk
Annadurai
Pooveshkumar
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
