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Madras High CourtWP/1582/2025allowed

Amarajothi v. The Revenue Divisional Officer

2025-01-24Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Amarajothi

...Petitioner

Vs 1.The Revenue Divisional Officer, Villupuram, Villupuram District.

2.The Tahsildar, Kandachipuram Taluk Office, Villupuram District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram, Villupuram District.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the 1st respondent herein to consider the petitioner's representation dated 16.09.2024, submitted with request to restore the patta in favour of the petitioner name in S.No.251/8, an extent of 0.19.5 ares (48 cents) situated at Veerapandi village, Aragandanallur Sub District, Villupuram District. 1/4

For Petitioner : Mr.S.Gajapathikrishnan For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 & R2 ) Mr.S.Ravichandran, Additional Government Pleader (HR & CE) for R3

ORDER

The present Writ Petition has been filed for the following relief:- To direct the 1st respondent to consider the petitioner's representation dated 16.09.2024, to restore the patta in favour of the petitioner's name in S.No.251/8, an extent of 0.19.5 ares (48 cents) situated at Veerapandi village, Aragandanallur Sub District, Villupuram District.

2.Heard the learned counsels on either side and perused the records. Mr.A.Selvendran, the learned Special Government Pleader takes notice on behalf of respondents 1 and 2 and Mr.S.Ravichandran, the learned Additional Government Pleader takes notice on behalf of R3. 3.The petitioner would claim to be the owner of the property measuring an extent of 0.19.5 ares (48 cents) comprised in S.No.251/8, 2/4

Veerapandi village, Aragandanallur Sub District, Villupuram District. He had purchased the same from the legal heirs of Abdul Kadhar. The petitioner would submit that the patta was transferred in his name after due enquiry. However, the petitioner's patta was cancelled on 14.08.2024 without notice to the petitioner. Therefore, the petitioner had sent a representation dated 16.09.2024 to the first respondent to restore the patta. This application is kept pending. Although the petitioner has not challenged the order cancelling his patta, however, considering the fact that it is one passed without notice to the petitioner, a mandamus is issued to the first respondent to consider the petitioner's representation dated 16.09.2024 and pass orders after issuing notice to the petitioner as well as the other rival claimant and pass orders within a period of eight weeks from the date of receipt of copy of this order. 4.Accordingly, the Writ Petition is allowed with the above directions. No costs.

24.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA , J, ep To 1.The Revenue Divisional Officer, Villupuram, Villupuram District.

2.The Tahsildar, Kandachipuram Taluk Office, Villupuram District.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Villupuram, Villupuram District.

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