T.Vellaiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Vellaiyan S/o.Late Thithan @ Raji ... Petitioner Vs.

1.The District Collector, Salem, Salem District.

2.The District Sub-Collector, District Collectorate Campus, Salem District.

3.The Revenue Divisional Officer, For Kadayampattu Taluk, Salem District.

4.The Tahsildar, Kadayampattu Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to direct the respondents 2 and 3 to pass an order based on in view of representation dated 20.12.2024, to cancel the joint patta issued by the fourth respondent herein to Survey Nos.32/13, 32/2, 32/3, 32/4 in Patta No.2, situated in Koo.Kuttapatti Village, Kadayampatti Taluk, Salem District.

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For Petitioner : Mr.K.Krishnan For Respondents : Mr.S.Jayachandran, Government Advocate *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to deal with the representation made by the petitioner dated 20.12.2024 wherein the petitioner is seeking for cancellation of joint patta issued by the fourth respondent with respect to the subject property.

2. Heard Mr.K.Krishnan, learned counsel for petitioner and Mr.S.Jayachandran, learned Government Advocate appearing for respondents.

3. The case of the petitioner is that the subject property originally belonged to his grandfather. Patta was also issued in his favour and later, the patta was issued in the name of the father of the petitioner. After his demise, the petitioner and his brother were in possession and enjoyment of the property. While so, the adjacent owner of the property, had managed to get his name added as a joint patta holder. Questioning 2/4

the same, a representation was made seeking for cancellation of the name of the person whose name was added as a joint patta holder. 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 without going into the merits of the case, there shall be a direction to the petitioner to submit a fresh application before the third respondent and seek for necessary relief. On receipt of the same, the third respondent shall give opportunity to all the interested parties and final orders shall be passed within a period of eight (8) weeks from the date of receipt of the fresh representation/application from the petitioner. This writ petition is disposed of in the above terms. No costs. 14.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To 1.The District Collector, Salem, Salem District.

2.The District Sub-Collector, District Collectorate Campus, Salem District.

3.The Revenue Divisional Officer, For Kadayampattu Taluk, Salem District.

4.The Tahsildar, Kadayampattu Taluk, Salem District.

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