Disposed

A.Murugesan v. The District collector

Madras HC7 Sept 2021WP/18693/2021

Case brief

AI extract

What is this about?

Petitioner challenged patta allotment to private individuals alleging encroachment of public land (odai poromboke). Court directed Revenue Divisional Officer to inquire after notice to allottees within 12 weeks and dispose of continuing petition.

What did the court decide?

Permission granted to file fresh representation to Revenue Divisional Officer for inquiry with notice to allottees within 12 weeks.

A.Murugesan Vs The District collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:07.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

W.P.No.18693 of 2021

A.Murugesan

...Petitioner

Vs 1. The District Collector District Collectorate Kallakurichi District 2. The Revenue Divisional officer RDO Office Kallakurichi 3. The Tashildar Chinnasalem Taluk, Kallakurichi District 4. The Commissioner Chinnasalem Panchayat Union Kallakurichi District 5. Dhanapakkiam 6. Kumar 7. Chinnammal 8. Pappathi 9. Gandhi 10. Pachaiammal ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner’s representation dated 19.10.2020 consequently direct the respondents to cancel the patta issued in favour of the respondents No.5 to 10.

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For the Petitioner : Mr.S.N.Subramani For the Respondents : Mr.P.Muthukumar, State Government Pleader for respondents 1 to 3

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The grievance of the petitioner is that respondents 5 to 10 have been granted patta in respect of a land at S.No.17/1 in Karunthalakkurichi Village, Chinna Salem Taluk of Kallakurichi District, which has traditionally been an odai poromboke. The petitioner claims that rainwater gathers at the land and serves a pond which is a drinking water source for the animal life around the place.

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In view of the order proposed to be made, no previous notice is required to be issued to respondents 5 to 10.

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Mr.Muthukumar, learned Government Pleader, appears for the respondents 1 to 3 and takes notice. According to him, the appropriate authority to look into the matter would be the second respondent Revenue Divisional Officer.

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The petitioner is permitted to carry a fresh, detailed representation in respect of the matters complained of to the second respondent Revenue Divisional Officer. Upon receipt of such representation, the Revenue Divisional Officer will cause an inquiry to be made upon previous notice to respondents 5 to 10. In the event the Revenue Divisional Officer finds that the odai poromboke has been improperly dealt with by issuing patta in favour of respondents 5 to 10, the Revenue Divisional Officer will take immediate appropriate action in accordance with law. The Revenue Divisional Officer’s final order should indicate due reasons and the same should be communicated to both the petitioner and respondents 5 to 10. It is hoped that the entire process would be completed by the Revenue Divisional Officer within 12 weeks of the receipt of the petitioner’s representation.

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W.P.No.18693 of 2021 is disposed of. There will be no

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order as to costs.

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Sd/Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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tar

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https://hcservices.ecourts.gov.in/hcservices/

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To: 1 The District Collector, District Collectorate, Kallakurichi District

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2 The Revenue Divisional Officer, RDO office, Kallakurichi 3 The Commissioner Chinnasalem Panchayat Union Kallakurichi District. 4. The Tashildar, Chinna Salem Taluk of Kallakurichi District.

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+1cc to Mr.S.N.Subramani, Advocate SR.No. 45748(24.09.2021) W.P.No.18693 of 2021

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mg(CO) A.SK(16.09.2021)

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https://hcservices.ecourts.gov.in/hcservices/

A.Murugesan v. The District collector

Case brief

What is this about?

What did the court decide?

A.Murugesan v. The District collector

Case brief

What is this about?

What did the court decide?

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