K.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Elumalai ...

Petitioner vs The District Collector Thiruvannamalai District.

2.The District Revenue Officer, Thiruvannamalai District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Arani, Thiruvannamalai District.

4.The Tahsildar Polur Taluk, Thiruvannamalai District.

5.K.Dhayal, Bakmarpettai, Murugabadi Madhura Polur Taluk, Thiruvannamalai District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1 to 4 respondents to consider the petitioner's representation dated 23.08.2023 and further direct the respondents to cancel patta No.79 and 1132 in respect of the property in 1/4

S.No.328/3A, 328/3B, Murugambadi Village, Polur Taluk, Tiruvannamalai District and issue a patta in the name of the petitioner. For Petitioner :

Mr.K.V.Sajeevkumar For Respondents :

Mr.A.Selvendran 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. It is the case of the petitioner is that the petitioner's father purchased 841⁄2 cents out of total extent of 1.69acres in S.No.328 in the year 1977. The remaining area was retained by the original vendor and sold to various persons in the year 2001. However, while issuing patta, the revenue authorities issued patta in respect of 0.76cents in the name of the petitioner's father, taking advantage of the revenue proceedings, the adjacent owners also sold the property to the others. Thereby, the petitioner has made representation to the respondents dated 23.08.2023 for cancelling the patta No.79 and 1132 in S.No.328/3A, 328/3B.

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3. In such view of the matter, there shall be a direction to the respondents to consider the petitioner's representation dated 23.08.2023 and pass orders, on its own merits and in accordance with law, after hearing the writ petitioner and the person in whose name the patta already stood and also the subsequent purchasers or private respondents, if any within a period of two months from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

09.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The District Collector Thiruvannamalai District.

2.The District Revenue Officer, Thiruvannamalai District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Arani, Thiruvannamalai District.

4.The Tahsildar Polur Taluk, Thiruvannamalai District.

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N.SATHISH KUMAR , J.

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