S.Thanigaivel v. The Thashildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.634 OF 2022

1. S.Thanigaivel

2. N.Velu

...Petitioners

Vs

1. Tahsildar, Poonamallee Taluk, Poonamallee, Chennai 600 056.

2. M.Padmavathi

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 12.01.2021 submitted for cancellation of the patta issued to the second respondent in S.No.37/191, patta No.9429, measuring an extent of 237 sq.ft., relating to the 16 feet road, situated at Kattupakkam Village.

For Petitioners : Mr.S.Ganesh For Respondents For R1 : Mr.P.Balathandayutham, Special Government Pleader

ORDER

This writ petition is filed for direction directing the first respondent to consider the petitioner's representation dated 12.01.2021 submitted for cancellation of the patta issued to the second respondent in S.No.37/191, patta No.9429, measuring an extent of 237 sq.ft., relating to the 16 feet road, situated at Kattupakkam Village.

2. Heard, Mr.S.Ganesh, the learned counsel for the petitioners, and Mr.P.Baladhandayutham, Special Government Pleader appearing for the first respondent.

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3. The petitioners challenged the patta issued in favour of the second respondent before the first respondent instead of jurisdictional Revenue Divisional Officer.

4. Considering the above, the petitioners are at liberty to make a fresh appeal before the jurisdictional Revenue Divisional Officer within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the Revenue Divisional Officer concerned is directed to issue notice to the petitioner and the second respondent and, after giving them opportunity of hearing, pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

5. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To

1. The Tahsildar, Poonamallee Taluk, Poonamallee, Chennai 600 056.

2. The Revenue Divisional Officer, Poonamallee Taluk, Poonamallee, Chennai 600 056.

+1cc to Mr.S.Ganesh, Advocate, S.R.No.4095 WP.No.634 of 2022 RSI(CO) RLP(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/