Madras High Court
R.Mani vs The District Revenue Officer on 7 November, 2022
Author: M. Dhandapani
Bench: M.Dhandapani
WP.No.29277 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
WP.No.29277 of 2022
and W.M.P.No. 28572 of 2022
R.Mani .. Petitioner
Versus
1.The District Revenue Officer
Kallakurichi Collectorate Officer
Kallakurichi
2.The Revenue Divisional Officer
Kallakurichi District
Kallakurichi
3. The Tahsildar
Kallakurichi District
Kallakurichi .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents not to cancel
the Patta bearing No.513 in favour of the petitioner in so far as the lands in
survey Nos.174/4 measuring an extent of 0.56.0 hector, 174/9 measuring an
extent of 0.47.0 hector, 176/1-A Measuring an extent of 0.22.0 hector and
174/3 measuring an extent of 0.50.0 hector in Sadaiyampattu Village,
Kallakurichi District.
For Petitioner : Mr.M.Guruprasad
For Respondent : Mr.U.Baranidharan for R1 to R3
Additional Government Pleader
Mr.K.Kishore for R4 & R5
Government Advocate
https://www.mhc.tn.gov.in/judis
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WP.No.29277 of 2022
ORDER
This writ petition is filed seeking for the issuance of Writ of Mandamus to consider and direct the respondents not to cancel the patta bearing No.513 in favour of the petitioner in so far as the lands in survey Nos.174/4 measuring an extent of 0.56.0 hector, 174/9 measuring an extent of 0.47.0 hector, 176/1-A Measuring an extent of 0.22.0 hector and 174/3 measuring an extent of 0.50.0 hector in Sadaiyampattu Village, Kallakurichi District.
2. According to the petitioner, originally his father namely Mr.Kesavan was assigned with and granted patta to agricultural lands in Survey Nos. 174/4, 174/9, 176/1-A and 174/3 in Sadaiyampattu Village, Kallakurichi Taluk and District. Pursuant to his father's demise, the said conditional patta was transferred to the petitioner by the third respondent in his proceedings No.Mu.Mu.2497/1997 dated 08.03.1997. It is the grievance of the petitioner that the first respondent in proceedings Na.Ka.No.A-2/334/2022 dated 07.01.2022 issued a summon to the petitioner and other land owners for enquiry relating to the classification of lands as if the lands are Panchami lands and the petitioner also appeared in the said enquiry which is pending till date. Hence, this petition seeking to pass an order relating to the summons.
3. Though very many grounds raised by the learned counsel for the https://www.mhc.tn.gov.in/judis 2/5 WP.No.29277 of 2022 petitioner, he confined his prayer by seeking this Court for issuance of direction for the first respondent to conclude the proceedings in Na.Ka.No.A- 2/334/2022 dated 07.01.2022 pass appropriate order(s) within a reasonable time as fixed by this Hon'ble Court.
4. The learned Additional Government Pleader submitted that the official respondents prima faciely stating that the subject lands classifed as panchami lands in the Government records are owned by non panchamar. Hence, the first respondent had issued the impugned summons to the petitioner and other land owners, however, it is for the petitioner to appear and canvass all points before the first respondent.
5. Heard both sides and perused the materials available on record.
6. Considering the facts that the first respondent in the impugned summons stating that the subject lands classifed as Panchami lands are found to be owned by the non panchamars had issued summons to the petitioner and other similarly situated persons, whereas, the petitioner claim that his lands are not panchami lands and it is a patta lands. Such disputed facts cannot be gone into and the summons issued against the petitioner and other similarly situated https://www.mhc.tn.gov.in/judis 3/5 WP.No.29277 of 2022 persons cannot be looked into by this Court. It is to be noted in catenna of judgments, this Court has held that mere issuance of summons does not curtail the rights of individual. Hence, the prayer sought for by the petitioner in this writ petition cannot be granted. However, liberty is granted to the petitioner and the similarly situated persons to canvass all points before the first respondent and the first respondent is directed to conclude the proceedings in Na.Ka.No.A-2/334/2022 dated 07.01.2022 and pass appropriate order(s) on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as the similarly situated persons, within a period of twelve weeks from the date of receipt of copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. It is made clear that the official respondents shall not interfere with the petitioner possession till the disposal of the subject proceedings.
07.11.2022 dhk Index:Yes/No Internet:Yes/No M. DHANDAPANI, J.
https://www.mhc.tn.gov.in/judis 4/5 WP.No.29277 of 2022 dhk To
1.The District Revenue Officer Kallakurichi Collectorate Officer Kallakurichi
2.The Revenue Divisional Officer Kallakurichi District Kallakurichi
3. The Tahsildar Kallakurichi District Kallakurichi W.P.No.29277 of 2022 07.11.2022 https://www.mhc.tn.gov.in/judis 5/5