T.Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Ravi .. Petitioner Vs.

1.The District Collector, Cuddalore District, District Collectorate, Cuddalore.

2.The District Revenue Officer, Office of the District Revenue Officer, Cuddalore District, District Collectorate Building, Cuddalore.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Parthasarathy Street, Virudhachalam, Cuddalore District.

4.The Tahsildar, Virudhachalam Taluk, Cuddalore District.

5.Rajendran 6.Abirami 7.Elangovan 1/6

8.Pandiyan 9.Sundarajan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 06.10.2024 seeking to remove the names of the 5th respondent and one Singaram from Patta No.779 issued on 10.03.2018 for S.No.152/E of Kammapuram Village, Virudhachalam Taluk, Cuddalore District issued on 10.03.2018. For Petitioner :

Mr.T.L.Thirumalaisamy For RR 1 to 4 :

Mr.P.Sathish Additional Government Pleader For RR 5 to 9 :

Mr.G.Kadhiresan

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 to 4 to consider the representation made by the petitioner on 06.10.2024, wherein the petitioner is seeking for the removal of the name of the 5th respondent and one Singaram from patta No.779, which was issued on 10.03.2018 for the subject property. 2.When the matter came up for hearing on 12.02.2025, this Court passed the following order:

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"Mr.R.P.Murugan Raja, learned Government Advocate, takes notice for respondents 1 to 4. Notice to respondents 5 to 9 returnable by 06.03.2025. Private notice is also permitted.

2.The main ground that has been raised by the learned counsel for the petitioner is that the petitioner along with three others had earlier filed a suit in OS No.292 of 2015 before the District Munsif Court, Virudhachalam, seeking for the relief of declaration and permanent injunction. During the pendency of this suit, the private respondents managed to submit the on-line application and based on the same, their names were added in the patta in patta No.779. Taking advantage of the same, they filed a partition suit, which is pending before the Sub-Court, Virudhachalam in OS No.409 of 2022. The petitioner has sought for cancellation of the patta issued in the name of the private respondents and the same is pending before the respondents 1 to 4.

3.Post this case under the caption "for orders" on 06.03.2025."

3.After the above order was passed, the respondents 5 to 9 have entered appearance and they also filed a counter. 4.Heard the learned counsel for the petitioner, learned Additional Government Pleader for respondents 1 to 4 and the learned counsel for the respondents 5 to 9.

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5.The specific case of the petitioner is that the names of Rajendran and Singaram have been added in the patta without notice to the petitioner and when the suit was pending before the Civil Court. 6.Per contra, the private respondents have taken a stand that the patta was granted even before the institution of the suit. That apart, the civil proceedings initiated for partition is pending in O.S.No.409 of 2022. The petitioner initiated a suit in O.S.No.292 of 2015 and has filed an application for the withdrawal of the suit which is pending. Therefore, it was contended that there is no scope for the revenue authorities to deal with this issue when the suit is pending.

7.The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 submitted that the stand that has been taken by both the sides has been considered by the 3rd respondent and an order will be passed within a period of four (4) weeks from the date of receipt of a copy of this order.

8.Taking into consideration the facts and circumstances of the case and the submissions made on either side and also the submission made 4/6

by the learned Additional Government Pleader, there shall be a direction to the 3rd respondent to take a decision on the representation made by the petitioner by considering the stand taken by both sides within a period of four (4) weeks from the date of receipt of a copy of this order. 9.In the result, this Writ Petition is disposed of with the above directions. No costs.

13.03.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The District Collector, Cuddalore District, District Collectorate, Cuddalore.

2.The District Revenue Officer, Office of the District Revenue Officer, Cuddalore District, District Collectorate Building, Cuddalore.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Parthasarathy Street, Virudhachalam, Cuddalore District. 4.The Tahsildar, Virudhachalam Taluk, Cuddalore District.

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N.ANAND VENKATESH, J.

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