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Madras High CourtWP/25512/2025disposed of

Peiryasamy v. The Revenue Divisional Officer

2025-07-16Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Periyasamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Virudhachalam Sub Division, Cuddalore District.

2.The Revenue Tahsildar, Thittagudi Taluk Office, Cuddalore District.

3.Kasiyammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to Drop the further action in Na.Ka.A4/2290/2024 dated 06.2025 by considering the representation cum objection of the petitioner dated 10.06.2025, in accordance with law and pass orders.

For Petitioner : Mr.J.Jayasuriya for Mr.M.Velmurugan For Respondents : Mr.P.Sathish Additional Government Pleader for R1 and R2

ORDER

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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 Respondent No.3 is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the first respondent to drop the further action in Na.Ka.A4/2290/2024 dated --.06.2025 by considering the representation cum objection of the petitioner dated 10.06.2025, in accordance with law.

3. It is the case of the petitioner that he submitted a representation dated 10.06.2025 before the first respondent seeking to drop the aforesaid proceedings, cancelling patta issued in favour of the petitioner, in respect of the petitioner's property comprised in Survey No.224/4, measuring an extent of 00040 sq.meter situated at Alambadi Village, Thittagudi Taluk, Cuddalore District. The said representation was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it was submitted by the Additional Government Pleader 2/5

for respondents 1 and 2 that first respondent has called for an enquiry and petitioner may participate in the enquiry and the first respondent would consider the representation of the petitioner dated 10.06.2025 and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The first respondent shall consider the representation of the petitioner dated 10.06.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, third respondent and all other interested parties including rival claimants, if any.

ii) The petitioner is directed to participate in the equiry called for by the first respondent.

iii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

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iv) The petitioner's representation dated 10.06.2025 shall be disposed of within a period of twelve (12) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. v) 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. Rights and contentions of the petitioner and all other interested parties are left open.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

1.The Revenue Divisional Officer, Virudhachalam Sub Division, Cuddalore District.

2.The Revenue Tahsildar, Thittagudi Taluk Office, Cuddalore District.

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MOHAMMED SHAFFIQ, J.

mrn 16.07.2025 5/5