A.Marimuthu Padaiyachi v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.18714 of 2025 A.Marimuthu Padaiyachi ... Petitioner Vs.
1. The Revenue Divisional Officer, Thirukovillur, Kallakuruchi District.
2. Thasildar, Taluk Office, Ulundurpettai, Kallakuruchi District.
3. Dharmadurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st and 2nd respondent to dispose the petitioner's representation dated 11.03.2025 and subsequently to cancel the Nattam Patta No.216 issued in favour of the 3rd respondent for my property an extent of 0.66 Ares (00066 Sq.Meter), comprised in Survey No.226/5, Thenkunam Village, Ulundurpettai Taluk, Kallakuruchi District. For Petitioner(s) : Ms.K.Varsha 1/5
For R1 and R2 : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 3rd respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st and 2nd respondent to dispose the petitioner's representation dated 11.03.2025 and subsequently to cancel the Nattam Patta No.216 issued in favour of the 3rd respondent in respect of property measuring an extent of 0.66 Ares (00066 Sq.Meter), comprised in Survey No.226/5, Thenkunam Village, Ulundurpettai Taluk, Kallakuruchi District.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the properties comprised in Survey No.226/20 measuring an extent of 0041 Sq.Meter, Survey No.226/6 measuring an extent of 00027 Sq.Meter, Survey No.226/1 measuring an extent of 00097 Sq.Meter, Survey No.226/5 measuring an extent of 00066 Sq.Meter and Survey No.226/3 2/5
measuring an extent of 0.0139 Sq.Meter situated at Thenkunam Village, Ulundurpettai Taluk, Kallakuruchi District. It is submitted by the learned counsel for the petitioner that the above properties were acquired by his father by way of a registered Partition Deed bearing Doc.No.510 of 1992 dated 30.12.1991 on the file of SRO, Elavasanaur, Kallakuruchi District. Patta No.15 stands in the name of petitioner's father with regard to Survey No.226/6 and 226/20. The learned counsel for the petitioner would further submit that the petitioner and his family had been in continuous possession and enjoyment of the above property.
3.1. It is submitted by the learned counsel for the petitioner that he got to know that the 3rd respondent had fraudulently without any valid title document obtained Patta No.216 on 08.03.2024 from the 2nd respondent in respect of property comprised in Survey No.226/5 measuring an extent of 0.66 Ares. The petitioner had submitted a representation before the 1st and 2nd respondent to cancel the Patta No.216 which according to the petitioner was illegally issued to the 3rd respondent without any valid documents. However, the above representation was kept pending by the 1st and 2nd respondent. It is in these circumstances the present writ petition is filed before this Court.
4. The learned Special Government Pleader would submit that they would 3/5
consider the petitioner's representation dated 11.03.2025 and pass appropriate orders within a time frame 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 the direction to the respondents to consider the petitioner's representation dated 11.03.2025 and pass appropriate orders after issuing notice to the petitioner, 3rd respondent and any other interested parties/rival claimants and after affording the petitioner, 3rd respondent and any other interested party/rival claimants a reasonable opportunity of hearing within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not 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. 10.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/5
MOHAMMED SHAFFIQ, J.
spp To:
1. The Revenue Divisional Officer, Thirukovillur, Kallakuruchi District.
2. Thasildar, Taluk Office, Ulundurpettai, Kallakuruchi District.
W.P. No.18714 of 2025 10.06.2025 5/5