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Madras High CourtWP/21940/2025disposed of

K.Sathiyamurthi v. District Revenue Officer (Dro) Dharmapuri

2025-06-23Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Sathiyamurthi ... Petitioner(s) Vs.

1. District Revenue Officer (DRO) - Dharmapuri, District Collectorate, Near Superintendent of Police Office, Dharmapuri 636 705.

2. The Revenue Divisional Officer-Harur, Salem Bypass, Periyar Nagar, Harur, Tamil Nadu 636 903.

3. The Tahsildar, Pappereddipatti, Dharmapuri 636 905.

4. Ilavarasan ... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider petitioner's representation and conduct enquiry affording opportunity to the petitioner and consequently cancel the patta illegally obtained by the 4th respondent.

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For Petitioner(s) : Mr.J.Akshaykeerthi For R1 to R3 : Mr.S.Balamurugan Government Advocate

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 4th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the 2nd and 3rd respondents to consider the petitioner's representation dated 05.04.2025 seeking to conduct an enquiry and cancel the patta issued in the name of 4th respondent.

3. It is submitted by the learned counsel for the petitioner that the agricultural lands comprised in Survey Nos.112/6A1 and 115/11B in the Erumiyampatty Village, Pappereddipatti Taluk was purchased by the petitioner's father from one Mookan and Mookammal. Even while effecting sales of the agricultural land bearing Survey Nos. 112/6A1, 115/11B it was agreed to by 2/6

Mookan that the petitioner would have easementary right to have access to his property using the land comprised in Survey No. 112/4 and 113/5. It is stated by the petitioner that Mr.Mookan and Mookammal continued to remain the owner of the above survey numbers, however patta has been obtained by one Ilavarasan the 4th respondent herein, which according to the petitioner has been obtained by fraudulent means. It is further submitted that the 4th respondent has also created a forged release deed bearing Document No.2123 of 2019 in Book No.1 on the file of SRO, Harur dated 29.05.2019 and has since been obstructing access to the petitioner's land. Thereafter, the petitioner submitted a representation dated 05.04.2025 to the 2nd and 3rd respondent for cancellation of patta which according to the petitioner has been issued fraudulently in the name of the 4th respondent. However, no action has been taken by the 2nd and 3rd respondent till date. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Government Advocate appearing for the respondent nos.1 to 3 would submit that they would consider the petitioner's representation and pass appropriate orders after issuing notice to the petitioner, 4th respondent, Mr.Mookan and Mookammal and other interested parties within a period of time period to be fixed by this Court, which was agreed to by the learned counsel for 3/6

the petitioner.

5. In view thereof, the writ petition stands disposed of with the direction to the 2nd and 3rd respondents to consider the petitioner's representation and pass appropriate orders, after issuing notice to the petitioner, 4th respondent, Mr.Mookan and Mookammal and any other interested parties including rival claimants and after affording petitioner, 4th respondent, Mookan and Mookammal and any other interested parties a reasonable opportunity of hearing within a period of 6 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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.

23.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. District Revenue Officer (DRO) - Dharmapuri, District Collectorate, Near Superintendent of Police Office, Dharmapuri 636 705.

2. The Revenue Divisional Officer-Harur, Salem Bypass, Periyar Nagar, Harur, Tamil Nadu 636 903.

3. The Tahsildar, Pappereddipatti, Dharmapuri 636 905.

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MOHAMMED SHAFFIQ, J.

spp 23.06.2025 6/6