M.Dharmalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Dharmalingam ...

Petitioner versus 1.The District Collector, Office of the Collectorate, Salem District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Attur Taluk, Salem District.

3.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondent authorities from cancelling the patta issued in favour of the petitioner without following due process of law by considering the petitioner's representation dated 26.03.2024.

For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.A.Selvendran 1/4

Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondents not to initiate patta cancellation, by considering the petitioner's representation dated 26.03.2024.

3.

Heard learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record.

4.

The case of the petitioner is that the subject property was acquired by the petitioner by way of a registered Sale Deed dated 14.09.1992 and the revenue authorities also issued patta in favour of the petitioner. It is the grievance of the petitioner that the respondents' authorities are initiating proceedings for cancelling the patta without following the due process of law. In this regard, the petitioner has given 2/4

representation on 26.03.2024. However, the same has not been considered by the respondents.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the respondents to consider the representation of the petitioner dated 26.03.2024 and pass appropriate orders, on its own merits and in accordance with law, after giving an opportunity to the petitioner, within a period of two 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.

23.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To 1.The District Collector, Office of the Collectorate, Salem District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Attur Taluk, Salem District.

3.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

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