Writ petition seeking declaration of illegal patta and restoration of land possession was dismissed. Court held petitioner failed to approach revenue authorities for patta cancellation first.
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W.P.(MD) No.28938 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.28938 of 2022 and W.M.P.(MD)No.22913 of 2022
M.Subburaj
... Petitioner
Vs.
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W.P.(MD) No.28938 of 2022
Theni District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the patta granted in (Patta Nos. 2346 and 2689) in favour of the deceased parents of Respondent Nos.7 to 9 at Government Natham Promboke Land as illegal and direct the respondent Nos.1 to 6 to restore the possession of the land to the Government and Re-distribute to the deserving persons situated at S.No. 3693 /61 in an extent of 00525 sq.ft., and at S.No. 3693
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W.P.(MD) No.28938 of 2022
/64 in an extent of 00015 sq.ft., Kombai West Village, Theni District, within the time stipulated by this Honble Court.
For Petitioner : Mr.I.Pinaygash For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R5
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
This Writ Petition has been filed for issuance of a Writ of Declaration, declaring the patta granted in (Patta Nos. 2346 and 2689) in favour of the deceased parents of respondent Nos.7 to 9 at Government Natham Promboke Land as illegal and direct the respondent Nos.1 to 6 to restore the possession of the land to the Government and re-distribute to the deserving persons situated at S.No.3693 /61 in an extent of 00525 sq.ft., and at S.No. 3693 /64 in an extent of 00015 sq.ft., Kombai West Village, Theni District, within a time frame.
2. Heard Mr.I.Pinaygash, learned counsel for the petitioner and Mr.V.Nirmal Kumar, learned Government Advocate, who takes notice for
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W.P.(MD) No.28938 of 2022
respondents 1 to 5. Considering the nature of the order proposed to be passed in this Writ Petition, notice to the respondents 6 to 9 is dispensed with.
3. By consent of both parties, this Writ Petition is taken up for final disposal.
4. It is the case of the petitioner that the parents of respondents 7 to 9 had encroached the pathway and Natham vacant site in S.No.3693 /61 and they had obtained patta for a portion of the aforesaid land. After their demise, the respondents 7 to 9 are having illegal possession of the said land and constructed a compound wall by preventing the common pathway. In this regard, the petitioners have made several representations. However, till date, no action has been taken by the respondents to remove the aforesaid encroachment. Hence, the petitioner has approached this Court.
5. The learned Government Advocate appearing for the respondents 1 to 5 submitted that the petitioner has not filed any application before the revenue
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W.P.(MD) No.28938 of 2022
authorities for cancellation of patta granted to the respondents 7 to 9 and therefore, this Writ Petition is liable to be dismissed.
6 . Considering the facts and circumstances and also considering the fact that without filing any application before the revenue authorities for cancellation of patta granted in favour of the respondents 7 to 9, the petitioner has approached this Court and therefore, this Writ Petition cannot be entertained and the same is liable to be dismissed.
7. Accordingly, this Writ Petition is dismissed granting liberty to the petitioner to approach the revenue authorities for cancellation of patta granted in favour of the respondents 7 to 9. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.] 22.12.2022
Index : Yes / No Internet : Yes / No vsm
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W.P.(MD) No.28938 of 2022
To
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W.P.(MD) No.28938 of 2022
D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.
vsm
W.P.(MD) No.28938 of 2022
22.12.2022
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M.Subburaj
The State of Tamil Nadu, Rep. by the Additional Chief Secretary, Department of Revenue Administration and Disaster Management
The Commissioner of Land Administration
The District Collector
The District Revenue Officer
The Tahsildar, Uthamapalayam Taluk Office
D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
