Madras High Court
R.Thamarai Selvan vs The District Collector on 10 March, 2023
WP(MD)No.17453 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.17453 of 2014
and
MP(MD)No.1 of 2014
R.Thamarai Selvan ... Petitioner
v.
1.The District Collector,
Office of the District Collectorate,
Nagercoil,
Kanyakumari District.
2.The District Revenue Officer,
The District Collectorate,
Nagercoil,
Kanyakumari District.
3.The Revenue Divisional Officer,
The District Collectorate,
Nagercoil,
Kanyakumari District.
4.The Tahsildar,
Agasteeswaram Taluk,
Agasteeswaram, Nagercoil,
Kanyakumari District.
1/8
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WP(MD)No.17453 of 2014
5.The Divisional Engineer,
State Highways Department,
Agasteeswaram,
Kanyakumari District.
6.Valliammal
7.N.Susella
8.Thangammal ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the records
of the second respondent's proceedings in M2/43234/2010, dated 07.10.2014
and quash the same and further directing the respondents 1 & 2 to cancel the
pattas granted in the names of the respondents 6 to 8 under Free House site
patta Scheme in S.No.94/1, 94/2, 94/3 situated at Agasteeswaram to Kottaram
Main Road, Agasteeswaram, Kanykumari District, within a stipulated time
limit.
For Petitioner : Mr.S.Rajasekar
For Respondents : Ms.K.Christy Theboral
Additional Government Pleader
for R.1 to R.5
No appearance for R.6 to R.8
*****
2/8
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WP(MD)No.17453 of 2014
ORDER
This writ petition is filed as against the orders passed by the District
Revenue Officer in M2/43234/2010, dated 07.10.2014 and for a
consequential direction to the respondents 1 & 2 to cancel the patta granted in
the names of the respondents 6 to 8, under the free house site patta scheme in
S.Nos.94/1, 94/2, 94/3 situated in Agasteeswaram to Kottaram Main Road,
Agasteeswaram, Kanyakumari District.
2.Learned Counsel for the petitioner submitted that the land in S.No.94
was originally classified as 'salai poromboke' and it has been now assigned to
the respondents 6 to 8 and therefore, the petitioner is not having any access to
his property. When the land is classified as 'salai poromboke', the official
respondents are not entitled to issue the patta and therefore, he prayed for
appropriate orders.
3.Heard the learned Counsel appearing for the petitioner and the learned
Additional Government Pleader appearing for the official respondents.
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WP(MD)No.17453 of 2014
4.The District Revenue Officer, in the order impugned, has admitted
that the land in S.No.94 was classified as 'salai poromboke', however, the
respondents 6 to 8 have encroached these lands and have put up constructions
and were residing in the place for several years. Considering the same, as per
the Government Order in G.O.No.168, Revenue Department, dated
27.03.2000, the District Level Committee has conducted an inspection and
ascertained as to whether patta can be granted to the occupants and
accordingly, by the proceedings of the District Collector in M2/75544/2000,
dated 10.10.2000, patta was granted to the respondents 6 to 8.
5.It appears that this petitioner is having lands in S.No.64-13 to an
extent of 0.44.5 Hectares, behind the lands for which patta was granted to the
private respondents. Therefore, this petitioner is raising certain objections that
in view of the patta granted, he is not having sufficient space for approaching
his property. It also appears that the petitioner has already filed a suit before
the II Additional District Munsif Court, Nagercoil, in O.S.No.93/2003 for the
relief of permanent injunction and for cancelling the patta, which were
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WP(MD)No.17453 of 2014
granted to the respondents 6 to 8. The suit was partly decreed granting an
order of injunction with regard to the existing pathway from the main road to
an extent of 11.60 metres (length) and 2.0 metres (breadth). However, the
civil Court has not made any observation as to the patta granted in favour of
the private respondents. It is also not known as to whether the petitioner has
preferred any appeal as against the judgment and decree passed in the suit in
O.S.No.93/2003, dated 14.02.2014.
6.Learned Counsel for the petitioner sought for a short accommodation
to get instructions as to whether the petitioner has preferred any appeal or not.
7.This writ petition is pending before this Court from the year 2014 and
therefore, this Court is not inclined to grant any further adjournments. Since
the petitioner has already approached the competent civil Court and has also
obtained a decree in O.S.No.93/2003, it is always open to him to work out his
remedy in the manner known to law before the competent civil forum, if he is
so eligible.
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WP(MD)No.17453 of 2014
Accordingly, this writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 10.03.2023
NCC : Yes / No
gk
To
1.The District Collector,
Office of the District Collectorate,
Nagercoil,
Kanyakumari District.
2.The District Revenue Officer,
The District Collectorate,
Nagercoil,
Kanyakumari District.
3.The Revenue Divisional Officer,
The District Collectorate,
Nagercoil,
Kanyakumari District.
4.The Tahsildar,
Agasteeswaram Taluk,
Agasteeswaram, Nagercoil,
Kanyakumari District.
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WP(MD)No.17453 of 2014
5.The Divisional Engineer,
State Highways Department,
Agasteeswaram,
Kanyakumari District.
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WP(MD)No.17453 of 2014
B.PUGALENDHI, J.
gk
WP(MD)No.17453 of 2014
10.03.2023
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