Court disposed of a writ petition seeking direction to revenue officials to consider a representation regarding the cancellation of a patta unlawfully granted to other parties and to pass orders on merits after hearing.
Directed respondents to consider representation dated 25.03.2019 and pass orders on merits within sixteen weeks after personal hearing.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
W.P.No.35797 of 2019
P. Sasikala ... Petitioner
Versus
Thandarampattu Taluk, Thiruvannamalai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 25.03.2019 for canceling the patta granted in favour of the respondents 4 and 5 in respect of land in Survey No.144/4C of Radhapuram Village, Thiruvannamalai Taluk and District.
For Petitioner : Mr.R.Janakiram
For RR1 to 3 : Mr.Yogesh Kannadasan Government Advocate.
For RR4 and 5 : Mr.V.Raghavachari
ORDER
This writ petition has been filed seeking for a direction to the respondents 1 to 3 to consider the representation of the petitioner dated 25.03.2019 for canceling the patta granted in favour of the respondents 4 and 5 in respect of land in Survey No.144/4C of Radhapuram Village, Thiruvannamalai Taluk and District.
and District, was purchased from (i) Lalbi Ammal, (ii) Elumalai, (iii) Moorthy and (iv) Rajkumar by virtue of registered Sale Deed vide Document No.1155 of 2011, dated 18.04.2011. However, the adjacent land measuring to an extent of 2.46 acres in Survey No.144 was originally belonged to the petitioner's predecessor in title was acquired by the Scheduled Caste Welfare Department for the purposes of granting free house sites schemes to the Adi Dravider community people in the said locality. Subsequently, the said acquisition did not include portion of the lands in Survey No.144/4C along with a well therein and therefore, the petitioner's predecessor in title retained the same under their possession. However, the said land was used as a passage for them to reach the patta land, subsequently, conveyed to the petitioner as stated supra. The petitioner knowing fully well the title and the fact that the land is utilized as passage to reach the patta land since 1984, has purchased the said land. Thereafter, one Ramalingam, Son of Annamalai who seems to have served as an employee of the Village Office, Radhapuram Village, knowing fully well the piece of land in S.No.144/4C left out by the Department for grant of free house sites to Adi Dravidar people, had manipulated the records and obtained patta in favour of his wife and son, the respondents 4 and 5 herein in an unlawful manner. It is pertinent to state that the petitioner's predecessor in title were in possession and enjoyment of the said land for more than 80 years and because of the acquisition proceedings by the Government, they have lost substantial portion of their patta lands. When the petitioner came to know that one Mr.Ramalingam obtained Revenue Patta by misusing his official position in manipulating the records. Therefore, the petitioner sent a representation dated 15.05.2017 to the 1st respondent stating that the above act of the said Ramalingam, to take effective steps to cancel the same and grant Patta in favour of the petitioner, but, no action was taken by the respondents. The above said Ramalingam, taking advantage of the inaction of the respondents, created obstruction on the said land by laying fence around the property, thereby, prevented the smooth passage of ingress and egress by the petitioner and the public. Therefore, the petitioner sent another representation dated 25.03.2019 to the respondents 1 to 3 stating that the above said facts and issue patta in favour of him. Therefore, the respondents 4 and 5 were ordered for enquiry, but, till date, no orders have been passed. Hence, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
gba To
+3 ccs to Mr.R.Janakiram, Advocate Sr.NO. 55805 +1 cc to Government Pleader Sr.NO. 56240
W.P.No.35797 of 2019
JPL(CO) A.SK(07.12.2021)
1 issue framed by the court
Whether the respondents should consider the petitioner's representation dated 25.03.2019 and pass appropriate orders within a stipulated time.
1 provisions across 1 enactments
P. Sasikala
The District Collector, Thiruvannamalai
The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Thiruvannamalai
The Tashildar, Thandarampattu Taluk, Thiruvannamalai
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
