T.P.Srinivasan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.P.Srinivasan
...Petitioner(s)
vs.
1.The Tahsildar, Taluk Office, Gangavally, Salem.
2.Ranganathan 3.Sundharam
...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st respondent to pass necessary orders on the petitioner's representation dated 17.04.2025 in S.No.351/58 within a specified time.
For Petitioner(s) : Mr.S.Santhosh For Respondent(s) : Mr.P.Sathish Additional Government Pleader (for R1)
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, 1/6
notice to 2nd and 3rd Respondents is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus to direct the 1st respondent to rectify the mistakes committed in the Patta No.3255 and to issue fresh patta in the name of petitioner.
3. It is submitted by the learned counsel for petitioner that patta was issued including the names of 2nd and 3rd respondent. It is submitted that earlier there was a dispute between petitioner's father and fathers of respondents 2 and 3 regarding the title over the property. It is stated that a suit came to be filed by petitioner's father in O.S.No.124 of 2009 before the District Munsif Court, Athur, for declaration and permanent injunction against Mr.Sundaresan, S/o.Rangan, Mr.Ranganathan, S/o.Rangan, Mr.Vishwanathan, S/o.Rangan, Mr.Raja, S/o.Duraisamy, Mr.Pachali, S/o.Angusamy. The said suit was decreed on 10.03.2014 declaring petitioner's father as the absolute owner of the subject property comprised in Survey No.351/5B situated at Thammampatti Village, Salem. However, petitioner noticed that patta came to be issued in the joint names of petitioner as well as respondents 2 and 3. Petitioner thereafter submitted a representation before the 1st respondent to rectify the mistakes in patta and to issue patta in his name, however, the same is stated to be kept 2/6
pending. Hence, this writ petition.
4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for 1st respondent that this may require cancellation of patta inasmuch as the patta stands in the name of 2nd and 3rd respondents. It is further submitted that the power to cancel and issue a fresh patta vests with the Revenue Divisional Officer (RDO), however petitioner's representation as well as writ is only against the Tahsildar. He would therefore submit that the petitioner may submit a representation before the RDO seeking cancellation of patta in the names of 2nd and 3rd respondents in respect of subject property and for issuance of fresh patta. If any such representation is made, the same would be considered and appropriate orders would be passed after putting the petitioner, 2nd and 3rd respondents and other interested parties on notice.
5. When this was pointed out, learned counsel for petitioner would submit that they would take out a representation/ application before the RDO and would request that the same may be disposed of within a time frame to be fixed by this Court.
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6. In view thereof, the writ petition stands disposed of. It is open to the petitioner to submit a representation/ application before the RDO seeking cancellation of names of respondents 2 and 3 in the patta and for issuance of patta in petitioner's name. If any such representation is made, the same shall be considered and orders shall be passed by the appropriate authority in accordance with law after putting the petitioner, 2nd and 3rd respondents and other interested parties on notice, within a period of 12 weeks from the date of uploading of web copy without waiting for 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.
26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
The Tahsildar, Taluk Office, Gangavally, Salem.
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MOHAMMED SHAFFIQ, J.
mka 26.06.2025 6/6