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Madras High CourtWP/12201/2021disposed of

Jayasankar v. The District Collector

2025-07-16Honourable Mr.Justice Mohammed Shaffiq6 pages

2025:MHC:2151

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Jayasankar Petitioner(s) Vs 1.The District Collector Tiruvannamalai District, Tiruvannamalai.

2.The District Revenue officer Tiruvannamalai District, Tiruvannamalai 3.The Revenue Divisional officer Cheyyar Taluk, Tiruvannamalai District 4.The Tasildhar Cheyyar Taluk, Tiruvannamalai District 5.K. Subramani Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to Page No.1 of 6

issue a Writ of Mandamus, directing the respondents 2 to 4 to cancel the patta given in the name of the 5th respondent by wrongfully including 9 cents belonging to the petitioner and grant fresh patta to the petitioner for admeasuring 15 cents out of 2 acre and 50 cents, comprised in Survey No. 81 and situated at Paruthipuram village, Cheyyar Taluk, Tiruvannamalai District and bounded on the east by 70 cents of land purchased by Ayub Basha from the vendors under the registered sale deed bearing Documents No. 1903/1995, south by survey No. 81 belonging to Deivasigamani Mudaliar, north by high ways road, comprised in survey No. 325 west by land sold by the vendors to K. Subramani son of Kanniappa Gounder by considering the petitioner's representation dated 05.02.2021.

For Petitioner(s):

Mr.R.Rajarajan For Respondent(s):

Mr.P.Sathish, AGP For R1 to R4 Mr.V.Manoharan For R5

ORDER

The present writ petition has been filed praying for a writ of mandamus, to direct the respondents 2 to 4 to cancel the patta given in the name of the 5 th respondent by erroneously including 9 cents belonging to the petitioner and Page No.2 of 6

grant fresh patta to the petitioner for admeasuring 15 cents out of 2 acre and 50 cents, comprised in Survey No.81, situated at Paruthipuram Village, Cheyyar Taluk, Thiruvannamalai District by considering the petitioner's representation dated 05.02.2021.

2. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey No.81 admeasuring 2 acres and 50 cents, situated at Paruthipuram Village, Cheyyar Taluk, Thiruvannamalai District. It is further submitted by the learned counsel th respondent wrongfully included 9 cents out of 15 for the petitioner that the 5 cents purchased by the petitioner under the registered sale deed dated 25.02.1996.

3. The learned counsel for the petitioner would further contended that the rd respondent, petitioner submitted a representation dated 05.02.2021 before the 3 th respondent. However, no seeking cancellation of patta in the name of the 5 action has been taken by the respondents till date. Aggrieved by the same, the Page No.3 of 6

present writ petition has been filed before this Court.

4. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 would submit that they would consider the representation th respondent and conduct an dated 05.02.2021 seeking cancellation of patta of 5 th respondent on notice and thereafter inquiry after putting the petitioner and 5 pass appropriate orders within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the Writ Petition stands disposed of with a direction to rd respondent to consider the petitioner's representation seeking cancellation the 3 th respondent and conduct an enquiry after putting the petitioner and of patta of 5 th respondent on notice. It is open to both parties to submit relevant documentary evidence during the course of enquiry and the same would be rd respondent within a considered and appropriate orders shall be passed by the 3 period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not Page No.4 of 6

expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

16-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To 1.The District Collector Tiruvannamalai District, Tiruvannamalai 2.The District Revenue officer Tiruvannamalai District, Tiruvannamalai 3.The Revenue Divisional officer Cheyyar Taluk, Tiruvannamalai District 4.The Tasildhar Cheyyar Taluk, Tiruvannamalai District Page No.5 of 6

MOHAMMED SHAFFIQ J.

Jeni 16-07-2025 Page No.6 of 6