Madras High Court
A.Ramasamy vs The District Collector on 25 August, 2023
2023:MHC:4082
W.P.No.12341 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.12341 of 2021
A.Ramasamy ... Petitioner
Vs.
1.The District Collector,
District Collectorate,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk,
Attur,
Salem District.
3.The Tahsildar,
Taluk Office,
Attur Taluk,
Salem District.
4.The Zonal Deputy Tahsildar No.I,
Taluk Office,
Attur Taluk,
Salem District.
5.The Special Tahsildar, (Adi-Dravidar Welfare)
Attur Taluk,
Salem District.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.12341 of 2021
6.The Sub Registrar,
Sub Registrar Office,
Attur,
Salem District.
7.Kalimuthu ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to
consider and dispose the petitioner's representation dated 31.03.2021 and
consequently direct the 1st and 2nd respondents to take strict action against the
said kalimuthu and the Government authorities who effected the change of
name in patta in his favour without conducting proper enquiry and to cancel
the name of the said Kalimuthu in the patta No.1309.
For Petitioner : Mr.N.Saravanan
For R1 to R6 : Mr.T.Arun Kumar
Additional Government Pleader
For R7 : Mr.L.Rajendran
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 and 2 to consider and dispose of the petitioner's representation
dated 31.03.2021.
https://www.mhc.tn.gov.in/judis
W.P.No.12341 of 2021
2. The petitioner submitted a representation to the District Collector on
31.03.2021 on the basis that the subject property is a DC land. Accordingly, a
request was made to cancel the patta granted and to assign the lands in his
favour.
3. The learned Additional Government Pleader appearing on behalf of
the respondents 1 to 6 made a submission based on the counter that in respect
of the subject property patta has already been granted based on the
documents available.
4. The learned counsel for the 7th respondent made a submission that
the writ petitioner has already instituted a suit in O.S.No.305 of 2005, which
was dismissed on merits on 20.01.2023. Since, the Civil Suit instituted by the
petitioner was dismissed, the representation submitted by the petitioner to the
District Collector cannot be considered and if at all the petitioner is aggrieved,
he has to prefer an appeal in respect of the judgment and decree passed in the
civil suit. If at all any other allegations are made by the petitioner to protect
his lands, if any assigned, then he is at liberty to initiate all appropriate
actions under the relevant statutes in force.
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W.P.No.12341 of 2021
5. With this liberty, this Writ Petition stands dismissed. No costs.
25.08.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The District Collector,
District Collectorate,
Salem District,
Salem.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk,
Attur,
Salem District.
3.The Tahsildar,
Taluk Office,
Attur Taluk,
Salem District.
4.The Zonal Deputy Tahsildar No.I,
Taluk Office,
Attur Taluk,
Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.12341 of 2021
5.The Special Tahsildar, (Adi-Dravidar Welfare)
Attur Taluk,
Salem District.
6.The Sub Registrar,
Sub Registrar Office,
Attur,
Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.12341 of 2021
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.12341 of 2021
25.08.2023
https://www.mhc.tn.gov.in/judis
