K.Dhandapani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.19132 of 2024 K.Dhandapani .. Petitioner

Versus

1. The District Collector, O/o.Collectorate, Cuddalore District - 607 001.

2. The Revenue Divisional Officer, Cuddalore Division, O/o.Revenue Divisional Officer, Cuddalore - 607 001.

3. The Tahsildar, Taluk Office, Kurinjipadi Taluk, Cuddalore - 607 302.

4. S.K.Velayudam

5. S.K.Nadarajan

6. S.K.Vaithiyanathan

7. S.K.Dhandapani

8. S.K.Govindarajan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 2 and 3 to conduct enquiry and cancel Patta No.922 and 4366 issued by the third respondent for the property situated at Ellappanpettai Village, Kurinjipadi Taluk, Cuddalore District comprised in New S.No.376/2 and Old S.No.733/1 measuring an extent of 62 cents [25 Ares] in the name of the respondents 4 to 1/5

8 and consider and dispose the petitioner representation dated 28.03.2024. For Petitioner : Mr.G.Saravanabhavan For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

Since no adverse Order has been passed against the respondents 4 to 8, notice to them is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the respondents 2 and 3 to conduct enquiry and cancel Patta No.922 and 4366 issued by the third respondent for the property situated at Ellappanpettai Village, Kurinjipadi Taluk, Cuddalore District comprised in New S.No.376/2 and Old S.No.733/1 measuring an extent of 62 cents [25 Ares] in the name of the respondents 4 to 8 and consider and dispose the petitioner representation dated 28.03.2024.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

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4. The case of the petitioner is that he owned the subject properties by virtue of the settlement deed dated 05.08.2005 executed by his father and the said property has been given by one Muthaiah and the petitioner and his father were in possession of the property for more than 40 years. While so, the respondents 4 to 8 created fake documents of pasali in the year 1979 in the name Kuzhanthaivel and got forged pata in their name in order to grab property from the petitioner. Therefore, the petitioner lodged a complaint before the Inspector of Police Kurinjipaid Police Station against the respondents 4 to 8 but no steps have been taken by them. The petitioner has also made a representation to the respondents 1 to 3 to cancel the patta issued in the name of Kuzhanthaivel and his legal heirs, viz., respondents 4 to 8. As the respondents 1 to 3 have not taken any action, the present Writ Petition has been filed.

5. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the representation of the petitioner dated 28.03.2023 and pass appropriate orders on the same, after giving notice to the respondents 4 to 8 within a period of two months from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. 18.07.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The District Collector, O/o.Collectorate, Cuddalore District - 607 001.

2. The Revenue Divisional Officer, Cuddalore Division, O/o.Revenue Divisional Officer, Cuddalore - 607 001.

3. The Tahsildar, Taluk Office, Kurinjipadi Taluk, Cuddalore - 607 302.

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N. SATHISH KUMAR, J.

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