Petitioner sought mandamus to act on his representation for cancellation of patta issued to private respondents over an alleged public pathway in poromboke land. Government Advocate undertook consideration; the court directed the second respondent to decide the representation on merits within 12 weeks after notice.
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.
W.P. No.31351 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P. No.31351 of 2024
Navaneethakannan ... Petitioner
Vs.
2.The Revenue Divisional Officer, District Collector's Office, Mettur, Salem District.
3.Tahsildar, Kannankurichi Main Road, Gurukkal Colony, Manakkadu, Salem-636 007.
4.Unnamalai
5.Sethupathi ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd Respondent to act on the representation sent by the petitioner dated 02.08.2023 and to cancel the patta issued to the 4th and 5th Respondent family and to enable the public from making
1/5
W.P. No.31351 of 2024
use of the pathway situate in Poromboke land in S.No.67/2, 67/3, Veerakal Pudhur Village, Metur Taluk, Salem District.
For Petitioner : Ms.S.Nandhini Devi
for Mr.R.Subramanian
For Respondents : Mr.S.J.Sathik Mohamed Government Advocate (for R1 to R3)
ORDER
The petitioner herein seeks a direction to the 2 nd Respondent to consider
the representation dated 02.08.2023 seeking cancellation of patta issued in favour of Respondents 4 and 5 in respect of the alleged public pathway situated
in Survey Nos.67/2 and 67/3 in Veerakal Pudhur Village, Metur Taluk, Salem District.
2. It is the case of the petitioner that the subject property has been used as
a public pathway by the petitioner and other residents of the village. It is further alleged that patta for 41 cents of land in the public pathway has been wrongly issued in favour of private Respondents. Aggrieved by the same, the petitioner submitted a representation on 02.08.2023 seeking cancellation of patta issued in
favour of the private Respondents however the same has not been considered. Hence, the petitioner has come before this Court.
2/5
W.P. No.31351 of 2024
3.The learned Government Advocate who takes notice for the Respondents 1 to 3 would submit that the representation of the petitioner will be considered by the Respondents in accordance with law, within the time stipulated by this Court.
4. In view of the same without going into the merits of the claim made by the petitioner, the 2 nd Respondent is directed to consider the representation of the petitioner dated 02.08.2023 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order after issuing necessary notice to the petitioner, Respondents 4 and 5 and other interested parties.
5. Accordingly, the writ petition stands disposed of. No costs.
25.10.2024
Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka
3/5
W.P. No.31351 of 2024
4/5
W.P. No.31351 of 2024
S. SOUNTHAR, J.
mka
To:
W.P. No.31351 of 2024
25.10.2024
1 issue framed by the court
Whether the Revenue Divisional Officer should consider and decide the petitioner's representation seeking cancellation of patta issued over a public pathway.
1 provisions across 1 enactments
Navaneethakannan
The District Collector
The Revenue Divisional Officer
Tahsildar
Unnamalai
Sethupathi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
