D.Panner Selvam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D.Panneer Selvam ... Petitioner Vs.
1. The Revenue Divisional Officer / Sub Collector, O/o the Revenue Divisional Officer/ Sub Collector, Arani Division, Arani, Tiruvannamalai District.
2. Tahsildar, Kalasapakkam Taluk, Kalasapakkam, Tiruvannamalai District.
3. Gowri ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent herein to cancel the Patta No.97 issued illegally in favour of the 3rd respondent herein in respect of the land to an extent of 0.1.45 Ares in Old S.No.51, New Survey No.259/30 (Originally Survey No.259/29), Pillur Village, Kalasapakkan Taluk, Tiruvannamalai District by considering the Appeal of the petitioner dated 25.05.2025.
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For Petitioner(s) : Mr.A.Bharathi For R1 and R2 : Mr.P.Sathish Additional 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 directing the 1st respondent herein to cancel the Patta No.97, stated to be issued illegally in favour of the 3rd respondent in respect of the land comprised in Old Survey No.51, New Survey No.259/30, admeasuring an extent 0.1.45 Ares, situated at Pillur Village, Kalasapakkan Taluk, Tiruvannamalai District by considering the petitioner's appeal dated 25.05.2025
3. It is submitted by the learned counsel for the petitioner that the petitioner is Ex-Dharmakartha of Sri Abhirami Sametha Amirtha Lingeswarar Thirukkoil, Pillur Village, Kalasapakkam Taluk, Tiruvannamalai. As per the Revision Survey and Re-Settlement Register, the land comprised in Old Survey No.51 and New Survey No.259/29, admeasuring an extent of 8.95 acres, situated 2/6
at Pillur Village, Kalasapakkam Taluk, Tiruvannamalai District is Village Natham Vacant Land situated in front of Sri Abhirami Sametha Amirtha Lingeswarar Thirukkoil, Pillur Village. It is further submitted that the above said land has been used for conducting festivals of the Sri Abhirami Sametha Amirtha Lingeswarar Thirukkoil.
3.1. It is submitted by the learned counsel for the petitioner that the 3rd respondent herein has encroached the above said land and obtained Patta No.97 on the basis of an illegal Sale Deed. It is further submitted that the petitioner submitted a detailed representation dated 30.04.2025 before the 1st and 2nd respondent, seeking cancellation of patta issued in favour of the 3rd respondent. However, no action has been taken by the official respondents. Thereafter, the petitioner submitted an appeal dated 25.05.2025, before the 1st respondent to cancel the patta issued in favour of the 3rd respondent. In spite of the receipt of appeal, 1st respondent has not taken any steps. Aggrieved by the same, the present writ petition has been filed before this Court.
4. When this was pointed out, the learned Additional Government Pleader would submit that the appeal dated 25.05.2025 would be considered and appropriate orders would be passed after affording the petitioner, 3rd respondent and any other interested parties a reasonable opportunity of hearing within a time 3/6
period to be 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 a direction to the 1st respondent to consider the appeal dated 25.05.2025 and pass appropriate orders after affording the petitioner, 3rd respondent and any other interested parties including rival claimants, if any, a reasonable opportunity of hearing within a period of 12 weeks from the date of uploading of the 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.
27.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6
To:
1. The Revenue Divisional Officer / Sub Collector, O/o the Revenue Divisional Officer/ Sub Collector, Arani Division, Arani, Tiruvannamalai District.
2. Tahsildar, Kalasapakkam Taluk, Kalasapakkam, Tiruvannamalai District.
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MOHAMMED SHAFFIQ, J.
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