G.Vijayakumar v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.8466 of 2024 G.Vijayakumar ... Petitioner Vs

1. The Revenue Divisional Officer.

Office of the Revenue Divisional officer, Coimbatore South, Coimbatore.

2. The Tahsildar, Office of the Tahsildar, Coimbatore South, Coimbatore.

3. Nanjammal ... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to dispose petitioners petition dated 31.03.2023 on the file of the 1st respondent pertaining to cancellation of patta of the 3rd respondent property situated at New T.S.No. 6/1 old T.S.No.3/1436 Selvapuram, Coimbatore Town, Coimbatore Taluk, Coimbatore District within stipulated time which is specified by this Court.

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For Petitioner : Mr.P.Saravanan For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition has been filed to direct the first respondent to dispose petitioner's petition dated 31.03.2023 for cancellation of patta of the third respondent issued for the property situated at New T.S.No. 6/1 old T.S.No.3/1436 Selvapuram, Coimbatore Town, Coimbatore Taluk, Coimbatore District within the stipulated time fixed by this Court.

2. Heard Mr.P.Saravanan learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that one Dhanalakshmi has purchased the subject property from the husband of the third respondent and the petitioner's wife has purchased the property from said Dhanalakshmi and has settled the property in favour of the petitioner. 2/5

Suppressing all these facts, the third respondent has mutated patta and other revenue records in her name. The grievance of the petitioner is that despite representation given by the petitioner on 31.03.2023 for cancellation of the patta issued to the third respondent, no action has been taken in this regard.

4. A perusal of records indicate that based on the representation given by the petitioner, the first respondent has commenced the enquiry in Na.ka.No.3017/2023/A2 and summons have been issued twice to the parties.

5. In such view of the matter, the first respondent is directed to conduct enquiry and pass Orders on its own merits within a period of four months from the date of receipt of a copy of this Order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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Index:Yes/No vrc To,

1. The Revenue Divisional Officer.

Office of the Revenue Divisional officer, Coimbatore South, Coimbatore.

2. The Tahsildar, Office of the Tahsildar, Coimbatore South, Coimbatore.

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N.SATHISH KUMAR, J.

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