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Madras High CourtWP/7438/2025disposed of

R.Harshavardhini v. The District Revenue Officer

2025-03-03Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.7438 of 2025 and W.M.P.Nos.8323 & 8324 of 2025 Mrs.R.Harshavardhini ... Petitioner Vs.

1.The District Revenue Officer, O/o. the District Revenue Office, Collectorate, Vengikkal, Thiruvannamalai - 606 604.

2.The Sub Collector, O/o. Sub Collector, Cheiyar 604 407, Thiruvannamalai District.

3.The Tahsildar, Vandavasi Taluk Office, SH 116, Kottai Moolai, Vandavasi 604 408.

4.The Superintendent of Police, Vengikkal, Thiruvannamalai 606 604.

5.The Sub Inspector of Police, Thellar Police Station, Vandavasi Taluk, Thiruvannamalai District.

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6.Mr.M.Sukumar 7.M.Thilagaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the Appeal dated 28.10.2024 preferred by the petitioner as against the order dated 07.06.2024 in Ref.No.Ni.Mu.A4/5357/2021 passed by 2nd respondent. For Petitioner : Mr.N.Muralidharan Senior Counsel for McGan Law Firm For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader for R1 to R3 Mr.V.J.Priyadarsana Government Advocate for R4 and R5

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to dispose of the appeal filed by the petitioner dated 28.10.2024 against the order passed by the 2nd respondent dated 07.06.2024. 2.Heard Mr.N.Muralidharan, learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader 2/6

appearing on behalf of respondents 1 to 3.

3.The case of the petitioner is that the subject property was purchased by her husband by virtue of three Sale Deeds dated01.02.2007, 14.09.2013 and 13.11.2013 registered as Document Nos.148/2007, 2335/2013 and 2965/2013. The 6th respondent is said to have made a representation to the 2nd respondent stating that the subject lands are DC lands and requested for cancellation of the patta granted in the name of the petitioner's husband and grant in the name of the 6th respondent. Based on the complaint given the 2nd respondent conducted an enquiry and through proceedings dated 07.06.2024, rejected the claim made by the 6th respondent. However, the 2nd respondent directed the Tahsildar to classify the lands as DC lands. Aggrieved by this direction given by the 2nd respondent, the petitioner filed an appeal before the 1st respondent on 28.10.

2024 and the same is pending. In the meantime, the 6th respondent was attempting to trespass into the property which resulted in police complaint given before the 5th respondent and thus, the 6th respondent was attempting to convert the civil dispute by giving it a criminal colour. It is under these circumstances, the present writ petition has been filed before this Court.

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4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1st respondent to deal with the appeal filed by the petitioner on 28.10.2024 on its own merits and in accordance with law after affording an opportunity to the 6th respondent and final orders shall be passed by the 1st respondent, within a period of twelve weeks from the date of receipt of copy of this order. In the meantime, the 4th and 5th respondents shall ensure that the 6th respondent does not create any law and order problem since the request made by the 6th respondent seeking for patta was rejected by the 2nd respondent and therefore, the 6th respondent cannot try to enter into the subject property.

5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petitions are closed. 03.03.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 4/6

To 1.The District Revenue Officer, O/o. the District Revenue Office, Collectorate, Vengikkal, Thiruvannamalai - 606 604.

2.The Sub Collector, O/o. Sub Collector, Cheiyar 604 407, Thiruvannamalai District.

3.The Tahsildar, Vandavasi Taluk Office, SH 116, Kottai Moolai, Vandavasi 604 408.

4.The Superintendent of Police, Vengikkal, Thiruvannamalai 606 604.

5.The Sub Inspector of Police, Thellar Police Station, Vandavasi Taluk, Thiruvannamalai District.

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N. ANAND VENKATESH, J.

ssr W.P.No.7438 of 2025 and W.M.P.Nos.8323 & 8324 of 2025 03.03.2025 6/6