In a writ petition challenging the Patta issued to other parties, the petitioner failed to produce title records for the relevant Survey Number. The Court held it could not direct respondents to consider the petitioner's representation and dismissed the petition.
Petitioner granted liberty to work remedy known to law. Writ Petition dismissed with no costs.
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 : 02.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.4444 of 2022
K.Selvaraj ...Petitioner Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to cancel the Patta issued in favour of 5th respondent and 6th respondent, in the respect of Survey No.875/2G Thirumulaivoyal Village, Avadi Taluk, Tiruvallur District by dividing the same into Survey No.875/2PT (T.S.No.1/15) and 875/2PT (T.S.No.1/4) and consequently, direct the respondent authorities to restore the original ownership in all revenue records.
For Petitioner : Mr.V.Kumaresan
For Respondents : Mr.G.Nanmaran Special Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to cancel the Patta issued in favour of 5th respondent and 6th respondent, in respect of Survey No.875/2G Thirumulaivoyal Village, Avadi Taluk, Tiruvallur District, by dividing the same into Survey No.875/2PT (T.S.No.1/15) and 875/2PT (T.S.No.1/4) and consequently, direct the respondents/authorities to restore the original ownership in all Revenue Records.
2.The learned Special Government Pleader takes notice for the official respondents. Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with.
3.The case of the petitioner is that the petitioner is the owner of the property bearing Plot No.16, situated in “Mullai Nagar”, Thirumullaivoyal Village, Ambattur Taluk, Thiruvallur District, comprised in Survey No.875/2, after sub-division of 875/2G. Subsequently, the land owner of the adjacent land in plot No.17, namely one Govindraj created forged documents in respect of Plot No.16 and obtained Patta. Thereafter, the said Govindraj executed a Sale Deed in favour of 5th respondent of an extent of 900 Sq.Ft and the remaining portion of the property was executed in favour of the 6th respondent of an extent of 1800 Sq.Ft. Hence, the petitioner made a representation to the respondents 1 to 3 on 07.09.2021 to cancel the forged Patta. However, till date no orders have been passed. Hence, this Writ Petition is filed.
4.The learned counsel for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents 1 to 3 herein to consider the petitioner's representation dated 07.09.2021 in accordance with law and pass appropriate orders within a particular time frame that may be fixed by this Court.
5.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the official respondents and perused the entire materials available on record.
6.On a perusal of the entire materials available on record it is seen that the petitioner/Power Agent made a complaint in respect of the very same property in Survey No.875/2G in Plot No.16 alleging that the Patta was granted inadvertently in favour of one Govindraj. The Tahsildar, after conducting an enquiry sent a report to the Revenue Divisional Officer dated 26.04.2021 stating that one Govindraj constructed a compound
wall in respect of Survey No.875/2G, thereby, the Patta was cancelled. Subsequently, the petitioner claimed that S.No. 87/2 is granted in favour of 6th respondent. This Court perused the title deed in Survey No.87/2G belonging to the petitioner. However, no records are produced by the petitioner with respect to Survey No.875/2 to show that the property belongs to the petitioner. Hence, this Court cannot issue any direction to consider the petitioner's representation.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
Psa
To
Tiruvallur 602105.
W.P. No.4444 of 2022
SR(CO)
RGA(18/03/2022)
2 issues framed by the court
Whether this Court can issue a direction to consider the petitioner's representation regarding the forged Patta in the absence of title deed records produced by the petitioner.
Whether the Writ Petition seeking cancellation of Patta and restoration of original ownership should be allowed.
1 provisions across 1 enactments
K.Selvaraj
The District Collector, Tiruvallur District
The District Revenue Officer, Tiruvallur District
The Revenue Divisional Officer, Tiruvallur
The Tashildar, Avadi Taluk Officer
B.Prabhakaran and M.Dakshinamoorthy
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
