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Madras High CourtWP/3878/2023dismissed

N.Gopalasamy v. The Joint Secretary To Government

2026-03-23Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY N.Gopalasamy S/o.Natchimuthhu gounde, No.2/131, Mylampalayam Velliraveli Kunnathur (Via) Uthukuli Taluk, Tiruppur District.

Petitioner(s) Vs

1. The Joint Secretary to Government Revenue and disaster Management Department, Survey and Settlement wing, SS-1 (1) Section, Secretariat, Chennai- 600 009.

2.The District Collector 3.The Revenue Divisional officer 4.The Tahsildar uthukuli Taluk, Tiruppur District.

5.Rani W/o.Thangaraj, Mylampalayam Velliraveli Kunnathur (Via) Uthukuli Taluk, Tiruppur District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to take suitable

legal action in pursuance to the Letter No.6302 / SS- I (1) / 2022 - 1 dated 01.07.2022 issued by the first respondent based on the Petitioners representation dated 02.05.2022 within the time frame to be fixed by this Honble Court. For Petitioner(s):

Mr.C.Munusamy For Respondent(s):

Mr.T.K.Saravanan, AGP for R1 to 4 Mr.S.Kaithamalai Kumaran, for R5

ORDER

This writ petition has been filed to direct the second respondent to consider the petitioner's representation dated 02.05.2022.

2. The learned counsel for the petitioner would submit that in this case, the representation was filed to take suitable legal action in pursuance to the Letter No.6302 / SS- I (1) / 2022 - 1 dated 01.07.2022 issued by the first respondent. According to the petitioner, the 5th respondent had concealed certain material facts and made an application for allotment of land and for issuance of HSD Patta. Without verifying the materials submitted by the 5th respondent, the HSD Patta was issued to him. Thus, the aforesaid representation was filed by the petitioner, however, the said representation was not at all considered by the official respondents till date. Hence, this petition.

3. In reply, the learned counsel appearing for the 5th respondent would submit that they have produced all the relevant documents before the Authorities concerned and after due consideration of the same, patta was issued in accordance with law. Hence, he prays for dismissal of this petition.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, according to the petitioner, the 5th respondent had concealed certain material facts and made an application for allotment of land and for issuance of HSD Patta. Without verifying the said materials, the HSD Patta was also issued to her. Thus, the representation dated 02.05.2022 was filed by the petitioner for taking suitable legal action against the 5th respondent and for cancellation of patta issued to her, however, the said representation was not at all considered by the official respondents till date.

6. On the other hand, it was submitted by the 5th respondent that they had filed all the relevant documents and the same was duly considered by the concerned Authorities, in accordance with law, prior to the issuance of HSD Patta.

7. In view of the above, it appears that except the representation, no other supporting documents were filed by the petitioner to substantiate his allegations against the 5th respondent. In the absence of any such material evidence, no order can be passed for cancellation of patta issued in favour of the 5th respondent.

8. Even if any such material evidences are produced by the petitioner, it is for the Authorities concerned to consider the same and pass orders for cancellation of Patta issued in favour of the 5th respondent. However, this Court cannot insist the Authorities to do so. In such case, this Court is not inclined to entertain this petition.

9. In view of the above, this writ petition is dismissed. No cost. If the petitioner is aggrieved over the order to be passed by the official respondents, he can challenge the same in the manner known to law. 23-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Joint Secretary to Government Revenue and disaster Management Department, Survey and Settlement wing, SS-1 (1) Section, Secretariat, Chennai- 600 009.

2.The District Collector

3.The Revenue Divisional officer 4.The Tahsildar uthukuli Taluk, Tiruppur District.

KRISHNAN RAMASAMY J.

nsa 23-03-2026