M.Velmurugan Vs the Commissioner of Land Administration

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 5th Respondent to implement the order passed by the High Court, Madras in W.P.No.12629 of 2021, vide in its order dated 06/07/2021 and to cancel the patta issued in favour of the respondents 6 to 9, in respect of the government land comprised in S.Nos.131/2 and 131/5, and to implement the order of the 2nd respondent vide in its order dated 02/08/2024, and to evict the respondents 6 to 9 from the land comprised in S.Nos.45/5, 66/1, 131/2 and 5 situated in Alathur Taluk, Siruvayalur village, and to cancel the Document Nos.5045/2013, 2946/2015 within the prescribed period.

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For Petitioner : Mr.M.Senthil Vadivu For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R5

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O R D E R

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This writ petition has been filed for issue of writ of mandamus directing the 5^th respondent to implement the order passed by the Revenue Divisional Officer dated 03.10.2023 and also the order passed by the Sub Collector, Perambalur dated 02.08.2024.

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2.Heard Mr.M.Senthil Vadivu, learned counsel appearing on behalf of the

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https://www.mhc.tn.gov.in/judis

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petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 5.

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3.The case of the petitioner is that the subject property was originally classified as Government land. Subsequently, the 6^th respondent alienated the Government land in favour of the 7^th respondent through a Sale Deed dated 14.11.2013. This alienation

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was made in violation of the conditions of assignment. The petitioner filed W.P.No.12629 of 2021 before this Court for a direction to consider the representation and to cancel the patta that has been issued in favour of the private respondent. This writ petition was disposed of by an order dated 06.07.2021 by directing the Revenue Divisional Officer, Perambalur to conduct an enquiry and to pass suitable orders.

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4.Pursuant to the above order, the Revenue Divisional Officer, conducted a detailed enquiry and passed an order dated 03.10.2023, thereby, a direction was issued to the 4^th respondent to cancel the patta that was granted in favour of the 6^th respondent and to make necessary changes in the revenue records.

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5.Based on this order, the petitioner made a representation before the 1^st and 2^nd respondents for cancellation of patta and for removal of encroachment. On receipt of

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https://www.mhc.tn.gov.in/judis

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the same, the 1^st respondent directed the 2^nd respondent to take immediate action. Thereafter, a direction was also issued by the Sub Collector through proceedings dated 02.08.2024 to evict the respondents 6 to 9 from the subject property. The grievance of the petitioner is that the 5^th respondent has not complied with the order till date and hence, the present writ petition has been filed before this Court.

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6.Taking into consideration the facts and circumstances of the case and considering the proceedings of the 2^nd respondent dated 02.08.2024, there shall be a direction to the 5^th respondent to act upon the same and to take necessary action, within a period of eight weeks from the date of receipt of copy of this order.

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7.This writ petition is disposed of with the above directions. No Costs.

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06.02.2025

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Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr

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To

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1.The Commissioner of Land Administration, Chepauk,

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