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Madras High CourtWP/24449/2025disposed of

Anjalai v. The Revenue Divisional Officer

2025-07-08Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

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

1. The Revenue Divisional Officer, Kallakurichi District.

2. The Tahsildar, Vanapuram Taluk, Kallakuichi District.

3. Velu Gounder ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1" respondent to consider petitioner's Online Application No.2024/0105/33/500071 dated 19.07.2024 and remove the 3rd respondent name from the Patta No.6972 in respect of the property comprised in Survey No.280/6C Situated at Seerpanandal Village, Vanapuram Taluk, Kallakurichi District.

For Petitioner(s) : Ms.G.Balamanikandan For R1 and R2 : Mr.A.Selvendran Special Government Pleader 1/6

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, to direct the 1st respondent to consider petitioner's online application dated 19.07.2024 seeking to remove the name of 3rd respondent from Patta No.6972 in respect of the property comprised in Survey No.280/6C, situated at Seerpanandal Village, Vanapuram Taluk, Kallakurichi District.

3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the land comprised in Survey No.280/6C, admeasuring 0.04 cents, situated at Seerpanandal Village, Vanapuram Taluk, Kallakurichi District, from one Chandra and Anjalai through a registered sale deed dated 22.07.2022 in Doc.No.2338/2022, on the file of Sub-Registrar, Manalurpettai. It is further submitted that the petitioner purchased another parcel of land in the above said survey number i.e. Survey No.280/6C, admeasuring 0.02 cents, situated at Seerpanandal Village, Vanapuram Taluk, Kallakurichi District, from one 2/6

Govindan through a registered sale deed dated 22.07.2022 in Doc.No.2338/2022 on the file of Sub-Registrar, Manalurpettai.

3.1. It is submitted by the learned counsel for the petitioner that subsequent to the purchase of the said lands, petitioner's name was included in Patta No.6972 in respect of the subject property. However, name of 3rd respondent was also included in the said patta who has no right over the subject property. Thereafter, petitioner submitted an online application dated 19.07.2024 before the 2nd respondent, seeking to remove the name of 3rd respondent from the Patta. However, petitioner's online application was not considered by the 2nd respondent till date. Aggrieved by the same, the present writ petition is filed before this Court.

4. At the outset, it is submitted by the learned Special Government Pleader that it is only appropriate for the petitioner to submit a representation, as the prayer sought is effectively for cancellation of patta in the name of the 3rd respondent.

5. When this was pointed out, the learned counsel for the petitioner would submit that they may be permitted to take out appropriate representation and would only request the same may be considered, which was agreed to by the 3/6

learned Special Government Pleader.

6. In the circumstances, it is open to the petitioner to submit a representation seeking cancellation of patta before the appropriate respondent. If any such representation is submitted, the concerned respondent is directed to consider the representation and pass appropriate orders after putting the petitioner, 3rd respondent and any other interested parties on notice and after affording the petitioner, 3rd respondent and any other interested parties a reasonable opportunity of hearing within a period of 12 weeks from the date of petitioner's representation. 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.

7. Accordingly, the writ petition stands disposed of. No costs. 08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. The Revenue Divisional Officer, Kallakurichi District.

2. The Tahsildar, Vanapuram Taluk, Kallakuichi District.

5/6

MOHAMMED SHAFFIQ, J.

spp 08.07.2025 6/6