Govindammal v. Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.26946 of 2025 1.Govindammal 2.Kumar 3.Selvam 4.Mallimmal 5.Vijay 6.Mathavan

...Petitioners

Versus

1.Revenue Divisional Officer, Ponneri, Tiruvallur District.

2.The Zonal Deputy Tahsildar, Gummidipoondi, Tiruvallur District.

3.M.Devadasu 4.Mr.V.Purushothaman

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent in respect of Patta No.2476 on 29.03.2025 to the third respondent in so far as 14.5 Aires in Survey No.46/5; 7.5 Aires in Survey No.47/6 and 5 Aires in Survey No.54/2 are concerned and cancel the same with a direction to issue Patta to the petitioners for this property.

For Petitioner :

Mr.B.S.Jhothiraman For Respondents - 1 & 2 :

Mr.A.Selvendran, Special 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 nature of the order that is going to be passed in the present writ petition, notice to respondents 3 & 4 is dispensed with.

2. The relief sought in this writ petition is to direct the 2nd respondent to cancel the Patta No.2476 issued to the 3rd respondent on 29.03.2025 in respect of the properties measuring an extent of 14.5 Aires comprised in Survey No.46/5; 7.5 Aires comprised in Survey No.47/6 and 5 Aires comprised in Survey No.54/2 and issue Patta to the petitioners in respect of the said properties.

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3. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 & 2 submitted that as against the issuance of Patta No.2476 by the 2nd respondent, the petitioners have already filed an Appeal dated 29.05.2025 before the 1st respondent. That apart, the petitioners have filed a Petition before the 1st respondent seeking to stay the operation of the order of issue of Patta No.2476 by the 2nd respondent and all further action initiated in pursuance of the same.

3.1. It is further submitted by the learned Special Government Pleader for the respondents 1 & 2 that pursuant to the filing of aforesaid Appeal and Stay Petition, the 1st respondent vide Letter dated 13.06.2025, directed the 2nd respondent to enquire on the Appeal filed by the petitioners and submit a report, within a period of one month. 3.2. The learned Special Government Pleader for the respondents 1 & 2 fairly submitted that the 1st respondent would dispose of the Appeal filed by the petitioners, within a time frame to be fixed by this Court. 3/5

4. In view thereof, this writ petition stands disposed of with the direction to the 1st respondent to dispose of the Appeal dated 29.05.2025 filed by the petitioners, after putting the petitioners and other interested parties on notice, within a period of eight (8) weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion neither on the petitioners' Appeal nor on the maintainability of the petitioners' Stay Application and it is open to the 1st respondent to consider the petitioners' Appeal on its own merits and in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

04.07.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.Revenue Divisional Officer, Ponneri, Tiruvallur District.

2.The Zonal Deputy Tahsildar, Gummidipoondi, Tiruvallur District.

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MOHAMMED SHAFFIQ, J.

mrr 04.07.2025 5/5