Madras High CourtWP/3613/2025disposed of

P.Mohan v. The District Collector

2025-02-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.Mohan ... Petitioner Vs.

1.The District Collector Thiruvallur Collectorate Thiruvallur District 602001 2.The Revenue Divisional Officer Thiruvallur Bharathiyar Street SP Nagar, Thiruvallur 602003 3.The Tahsildar Avadi Taluk Office Modern City Deena Dayalan Nagar Pattabiram 600 054 4.Vennilla ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to pass orders forthwith cancelling the patta Nos.2105 & 302 stood in the name f the 4th 1/4

respondent and in the name of Mr.Balasubramaniam respectively and restore the petitioner's patta by deleting the sub division of Survey No.104/1C1 and 1C2 with correct extent by considering the petitioner's representation dated 24.08.2024 within a time to be stipulated by this Court. For Petitioner : Mr.M.Sriram For Respondents : Mr.A.Selvendran Special Government Pleader - R1 to R3

ORDER

This Writ Petition has been filed for the issue of mandamus directing the 2nd respondent to cancel the patta that stands in the name of the 4th respondent and to restore the patta in the name of the petitioner with respect to the subject property by considering the representation dated 24.08.2024. 2.Heard Mr.M.Sriram, the learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, the learned Special Government Pleader appearing for the respondents 1 to 3.

3.The case of the petitioner is that he is the owner of the subject property which is Plot No.24 measuring an extent of 2400 sq. ft. comprised in Survey Nos.103/2C and 104/1C at Nemilicherry Village, Sriperumbudur Taluk, 2/4

Chengalpattu District. The grievance of the petitioner is that the patta stands in the name of the 4th respondent and according to the petitioner this patta was fraudulently obtained by the 4th respondent and the 4th respondent does not have any right over the property. In fact, the 4th respondent had earlier instituted a suit against the revenue officials and sought for a declaration and in this suit an interim application was filed seeking for permanent injunction which was dismissed. The petitioner has made a representation before the 2nd respondent seeking for the cancellation of the patta that stands in the name of the 4th respondent and to restore the same in the name of the petitioner. Since the same was not considered, the present writ petition has been filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the representation made by the petitioner on 24.08.2024 on its own merits and in accordance with law after affording opportunity to the 4th respondent and final orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order.

N. ANAND VENKATESH, J.

kas 5.This writ petition is disposed of with the above directions. No costs. 04.02.2025 Index : Yes / No kas To.