K.Gunalan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Gunalan ... Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Sub-Collector, Tindivanam, Villupuram District.

3. The Tahsildar, Melmalaiyanur Taluk, Melmalaiyanur, Villupuram District.

4. Baskar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 05.05.2025 and thereby pass appropriate orders to cancel the patta bearing No.39. For Petitioner(s) : Mr.C.Munusamy 1/5

For R1 to R3 : 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 4th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 3 to consider the petitioner's representation dated 05.05.2025, whereby the petitioner had requested cancellation of patta bearing No.39 which has been issued in the name of Baskar, the 4th respondent. .

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey No.504/12, admeasuring 1206 sq.ft, situated at Kottapoondi Village, Melmalaiyanur Taluk, Villupuram District. It is further submitted by the learned counsel for the petitioner that the 4th respondent created a fabricated patta bearing No.39 and had executed a gift deed in favour of his mother. 3.1. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 05.05.2025 to respondents 1 to 3 2/5

seeking cancellation of patta in the name of the 4th respondent. However, no action has been taken by the respondents till date. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Additional Government Pleader would submit that they would consider the representation dated 05.05.2025 seeking cancellation of patta of 4th respondent and conduct an enquiry after putting the petitioner and 4th respondent on notice and thereafter pass appropriate orders within a time frame 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 2nd respondent to consider the petitioner's representation seeking cancellation of patta of 4th respondent and conduct an enquiry after putting the petitioner and 4th respondent on notice. It is open to both parties to submit relevant documentary evidence during the course of enquiry and the same would be considered and appropriate orders shall be passed by the 2nd respondent 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 3/5

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 To:

1. The District Collector, Villupuram District, Villupuram.

2. The Sub-Collector, Tindivanam, Villupuram District.

3. The Tahsildar, Melmalaiyanur Taluk, Melmalaiyanur, Villupuram District.

4/5

MOHAMMED SHAFFIQ, J.

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