K.Venkatachalapathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.Venkatachalapathy S/o.Kaliaperumal, Mela Sreet, Saathanpattu, Anikudhichan (v) K And A, Andimadam Taluk, Ariyalur District621 803. Petitioner(s) Vs

1. The District Collector District Collector Office, Ariyalur District.

2.The District Revenue Officer Collector Office Building, Ariyalur District.

3.The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

4.The Thasildar Thasildar Office, Andimadam, Ariyalur District.

5.Rajadurai,

S/o.Kaliyapeurmal, Thillai Nagar, Andimadam Village, Andimadam Taluk, Ariyalur District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the respondents to dispose of the representation dated 04.07.2024 and to cancel the patta registration made in favour of petitioner brother Rajadurai in the Survey No.27/6C and 27/4D which belongs to petitioner in the Patta No.2190, 2191.

For Petitioner(s):

R.C.Paul Kanagaraj For Respondent(s):

Mr.P.Sathish, Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 04.07.2024 wherein the petitioner is seeking for the cancellation of patta granted in the name of the 5 th respondent.

2.

Heard Mr.R.C.Paul Kanakaraj, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for respondents.

3.

It is seen from records that the petitioner has given a representation to the District Collector on 14.11.2024. The District Collector is not vested with the power to cancel the patta and only an appeal should be filed before the RDO under Section 12 of the Patta Passbook Act.

4.

In view of the above, there shall be a direction to the petitioner to submit a fresh representation / appeal before the 3 rd respondent. The 3 rd respondent on receipt of the same shall afford an opportunity to the 5 th respondent and pass final orders on its own merits and in accordance with law within a period of eight weeks from the date of the receipt of the fresh representation /appeal from the petitioner.

5.

This writ petition is disposed of with the above directions. No costs.

09-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector District Collector Office, Ariyalur District.

2.The District Revenue Officer Collector Office Building, Ariyalur District.

3.The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

4.The Thasildar Thasildar Office, Andimadam, Ariyalur District.

N.ANAND VENKATESH J.

rka 09-04-2025