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Madras High CourtWP/9799/2024disposed of

Rangasamy v. The District Collector

2024-04-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Rangasamy .. Petitioner

Versus

1.The District Collector, Coimbatore District.

2.The District Revenue Officer Collectorate Building, Coimbatore.

3.The Revenue Divisional Officer Coimbatore -South, State Bank Road, Coimbatore.

4.The Tahsildar Sulur Taluk Coimbatore District.

5.Lavanya .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to conduct an enquiry based on the petitioner's representations dated 25.01.2024 and 14.02.2024 in accordance with law and thereby cancel the patta no.4115 issued in the name of 5th respondent and restore the patta to the name of Srirangan, Karuppan & Palani, for the property bearing Survey no.109/3C2 1/4

situated at Kaniyur Village, Sulur Taluk, Coimbatore District. For Petitioner : Mr.M.Vijayaragavan For Respondent : Mr.P.Sathish, AGP for RR1 to 4

ORDER

This writ petition has been filed, seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to conduct an enquiry based on the petitioner's representations dated 25.01.2024 and 14.02.2024 in accordance with law and thereby cancel the patta no.4115 issued in the name of 5th respondent and restore the patta in the names of Srirangan, Karuppan & Palani, for the property bearing Survey no.109/3C2 situated at Kaniyur Village, Sulur Taluk, Coimbatore District.

2. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.

3. It is the case of the petitioner that based on the Power of Attorney executed by the petitioner's father in favour of the father of the 5th respondent, namely Jeevanandham, who transferred the patta fraudulently in favour of his daughter after the death of the petitioner's father. In this regard, the petitioner 2/4

made representations dated 25.01.2024 & 14.02.2024 respectively to the respondents 1, 3 & 4 to cancel the patta no.4115 issued in the name of 5th respondent and restore the same in the names of Srirangan, Karuppan & Palani, for the property bearing Survey no.109/3C2 situated at Kaniyur Village, Sulur Taluk, Coimbatore District. However, no order has been passed till date. Hence, the Writ Petition.

4. Considering the limited relief sought for in this Writ Petition, let the petitioner prefer an appropriate Appeal before the Revenue Divisional Officer within a period of 15 days from the date of receipt of a copy of this order. On such appeal, the Revenue Divisional Officer shall dispose of the same on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner as well as the 5th respondent and any other interested parties. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. 10.04.2024 dn Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

dn To, 1.The District Collector, Coimbatore District.

2.The District Revenue Officer Collectorate Building, Coimbatore.

3.The Revenue Divisional Officer Coimbatore -South, State Bank Road, Coimbatore.

4.The Tahsildar Sulur Taluk Coimbatore District.

W.P.No.9799 of 2024 10.04.2024 4/4