LAWS(MAD)-2019-7-149

T RAGHAVAN Vs. DISTRICT COLLECTOR, COIMBATORE DISTRICT

Decided On July 15, 2019
T RAGHAVAN Appellant
V/S
DISTRICT COLLECTOR, COIMBATORE DISTRICT Respondents

JUDGEMENT

(1.) Claiming himself to be a public interest litigant, the petitioner has filed the instant writ petition for a writ of mandamus, directing the respondents, more particularly the Tahsildhar, Mettupalayam Taluk, Coimbatore District, the 4rd respondent herein, not to pass orders granting Patta in Survey No.430/1 in Karamadai Village, Mettupalayam Taluk, Coimbatore District to anyone, as per the A-1 notice issued by the Revenue Inspector, Karamadai, the 4th respondent herein, without conducting proper enquiry on the basis of the objections raised by the petitioner by way of a representation dated 15.11.2017.

(2.) The case of the writ petitioner in brief is that the agricultural lands measuring 2 1/2 acres situated in Survey No.430/1, Karamadai Village, Mettupalayam Taluk, Coimbatore District, Mangalakkarai Pudur, Karamadai Town Panchayat, was being auctioned for the purpose of cultivation. Suddenly, the Government stopped auction of the lands. It is also stated that there were attempts by group of people to get pattas. It was objected to by the petitioner and the villagers. It is stated that on the representation dated 27.10.2015, given by the petitioner, the District Collector, has sent a communication dated 19.11.2015 to the Revenue Divisional Officer, directing him to conduct an enquiry and send a detailed report. It is stated that even in the Panchayat Council meeting, which took place on 27.08.2015, the issue regarding grant of patta in Survey No.430/1 was discussed, which was objected by the people.

(3.) The petitioner states that despite all these, the respondents are attempting to issue pattas for the said land and for this purpose a publication in A1 form has been issued by the Revenue Inspector, calling for objections from the public for the purpose of grant of patta. The petitioner states that though the notice states that objections should be made within 15 days from 13.11.2017, the notice was issued only on 15.11.2017. The petitioner states that all the villagers have raised objections restraining grant of patta for these lands. The petitioner apprehends that patta will be granted without conducting proper enquiry, under the Patta Pass Book Act, 1983 and Patta Pass Book Rules, 1987.