Babu v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Babu S/o.Dandapani (late) ... Petitioner Vs.

1.The Revenue Divisional Officer, Cuddalore District, Cuddalore - 600 070.

2.Ramalingam S/o.Murugesan 3.Rathiammal W/o.Pichaipillai 4.Mallika W/o.Uthayakumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 02.05.2023, 18.03.2024, 26.09.2024 and further representation 27.01.2025 for the purpose of cancellation / revocation of joint patta no 291 dated 27.12.2021 issued in favour of respondents 2 to 4 based on the forged legal heir certificate obtained through misrepresentation of documents pertaining to the property situated at TS No 1/2, Old Survey No.50/51/63, Hectare 2.06 cents 0.83.5.

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For Petitioner : Ms.V.Rishika Mary For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to deal with the representations made by the petitioner wherein the petitioner is seeking for cancellation/ rejection of the joint patta that was issued in the name of respondents 2 to 4 based on the forged legal heirship certificate obtained through misrepresentation, with respect to the subject property.

2. Heard Ms.V.Rishika Mary, learned counsel for petitioner and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for first respondent.

3. The main grievance expressed by the learned counsel for the petitioner is that respondents 2 to 4 obtained legal heirship certificate as if they are the only legal heirs and based on the same, they managed to get joint patta issued in their favour. Learned counsel also brought to the notice of this Court that a partition suit has been instituted by the 2/4

petitioners and others in O.S.No.444 of 2022 pending on the file of Principal District Judge, Cuddalore. In the mean time, the private respondents are trying to misuse the patta granted in their favour and the petitioner is seeking for cancellation of patta. Hence, the present writ petition has been filed seeking for the aforesaid relief.

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 first respondent to deal with the representation made by the petitioner on 27.01.2025 on its own merits and in accordance with law after affording opportunity to the respondents 2 to 4 and appropriate orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

10.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To The Revenue Divisional Officer, Cuddalore District, Cuddalore - 600 070.

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