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Madras High CourtWP/5474/2019disposed of

Chozhan v. The Revenue Divisional Officer,

2021-12-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5474 of 2019 Chozhan ... Petitioner Vs.

1.The Revenue Divisional Officer, Natrampalli Taluk, Thirupathur, Vellore District.

2.The Thasildar Natrampalli Taluk, Thirupathur, Vellore District.

3.Soundari 4.Selvakumar 5.Senthil Kumar 6.Vijay Kumar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to conduct enquiry on the basis of the petitioners representation dated 02.07.2018 and thereby cancel the patta No.2833 issued in favour of respondent No.3 to 6. For Petitioner :

Mr.K.Thenrajan For Respondents :

Mr.P.Gurunathan Additional Government Pleader for R1 and R2 No Appearance for R3 to R6

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to conduct enquiry on the basis of the petitioner's representation dated 02.07.2018 and thereby cancel the patta No.2833 issued in favour of respondents 3 to 6.

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2.The case of the petitioner is that the petitioner is the owner of the subject property, however, the Tahsildar issued patta in favour of the private respondents without hearing the petitioner. Hence, the petitioner made representation dated 02.07.2018 to the first respondent seeking to cancel the patta issued in favour of the private respondents and since the same has not yet been considered, the petitioner has filed this writ petition.

3.The learned counsel appearing for the petitioner would submit that the petitioner made representation only before the first respondent and not before the Tahsildar, who granted patta in favour of the private respondents and hence, this Court may grant liberty to the petitioner to make representation before the Tahsildar.

4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court grants liberty to the petitioner to make representation before the Tahsildar, who granted patta in favour of the private respondents. If any such representation is made by the petitioner, the concerned Tahsildar, shall consider the same on merits and in accordance with law, and after affording an opportunity of hearing to the private respondents, shall pass appropriate orders, as expeditiously as possible.

5.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar pri To 1.The Revenue Divisional Officer, Natrampalli Taluk, Thirupathur, Vellore District. 2.The Thasildar Natrampalli Taluk, Thirupathur, Vellore District. +1cc to Mr.K.Thenrajan, Advocate SR. No.63205 +1cc to Government Pleader SR. Nos.63503 & 63489 W.P.No.5474 of 2019 SSV (CO) PR (10/01/2022) https://hcservices.ecourts.gov.in/hcservices/