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Madras High CourtWP/2600/2018disposed of with direction

P.Krishnamurthy, v. The Inspector General Of

2025-09-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.3219 of 2018 1.P.Krishnamurthy 2.G.Arumugam ...

Petitioners Vs 1.The Inspector General of Registration, Santhome, Chennai-600 004.

2.The District Registrar, Saidapet, Chennai-15.

3.The Sub-Registrar, Neelangarai Sub-Registration Office, Neelangarai, Chennai-14.

4.The Thasildar, Sholinganallur Taluk, Sholinganallur, Chennai-600 119.

5.M/s.Nagman Sensars Pvt.Ltd., No.61 & 62, Lakshmanan Nagar, Kandanchavadi, Chennai-600 096.

6.S.Syed Azam Mohamed ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to cancel the 1/6

patta issued in favour of 5th respondent pertaining to the property situated comprised in S.No.14/1, Plot No.4, 'BETHEL NAGAR', Seevaram Village, Sholinganallur Taluk, Kancheepuram District, measuring an extent of 4800 sq.ft, and pass appropriate order confirming the patta issued in favour of the petitioner. For Petitioner : Mr.T.Ramachandran For RR-1 to 4 : Mr.T.M.Rajangam, Government Advocate For RR-5 & 6 : No Appearance

O R D E R

The present Writ Petition has been filed seeking a direction to the 4th respondent to cancel the patta issued in favour of the 5th respondent pertaining to the subject property.

2. It is the case of the petitioners that they are the absolute owners of the subject property by way of a registered sale deed dated 12.12.2008 vide doc no. 4858 of 2008 on the file of the Sub Registrar Office, Neelangarai. However, without conducting a proper enquiry, the 4th respondent herein had issued patta in favour of the 5th respondent in respect of the subject property, based on which, the 5th respondent had alienated the property in favour of the 6th respondent by suppressing the fact that suits are under sub-judice with regard to the title of the subject property. Though the petitioners have approached the respondent authorities raising their objections for issuance of patta in respect of the 5th respondent, no action has been taken on the same by the authorities so far and 2/6

therefore, in order to espouse the said cause, the petitioner has come up with the present Writ Petition.

3. Learned counsel for the petitioners submits that this Court may issue a direction to the 4th respondent to cancel the patta which was issued in favour of the 5th respondent in respect of the subject property and that the patta may be issued in favour of the petitioners.

4. On the above contention, this Court heard the learned Government Advocate appearing for respondents 1 to 4 and perused the materials available on record.

5. In view of Section 10 of the Patta Passbook Act, there is an alternate and effective remedy available for the petitioner before the Tahsildar. Without resorting to such remedy, filing Writ Petition seeking the aforesaid relief is not sustainable. Hence, the prayer sought for in this Writ Petition cannot be granted. However, liberty is granted to the petitioners to approach the 4th respondent/Tahsildar by filing appropriate application.

6. This Writ Petition stands disposed of with the aforesaid liberty. No Costs. Consequently, the connected Miscellaneous Petition is closed. 3/6

18.09.2025 Index : Yes / No Speaking Order / Non-speaking order To 1.The District Revenue Officer, Krishnagiri.

2.The Revenue Divisional Officer, Hosur.

3.The Tahsildar, Dhenkanikottai Taluk, Krishnagiri District.

and W.M.P.No.3219 of 2018 4/6

This petition has been listed under the caption "For being Mentioned" at the instance of Registry.

2. It is brought to the notice of this Court that though order was passed on 11.09.2025 in W.P.No.2600 of 2018 however, inadvertently in the signature portion, a typographical error has occurred wherein, the date has been mentioned as 18.09.2025. Therefore, it is prayed that necessary corrections may be made in the said order.

3. In view of the above, the date in the signature portion shall be read as 11.09.2025 instead of 18.09.2025.

4. Registry is directed to carry out the aforesaid correction in the order dated 11.09.2025 and issue fresh order copy to the parties. 05.11.2025 5/6

05.11.2025 6/6