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Madras High CourtWP/25598/2024disposed of

Lakshmipathy v. The District Collector

2024-09-05Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25598 of 2024 Lakshmipathy

...Petitioner

Vs.

1. The District Collector, O/o District Collectorate Office, Thiruvannamalai, Thiruvannamalai District.

2. The District Revenue Officer, O/o District Revenue Office, Thiruvannamalai, Thiruvannamalai District.

3. The Tahsildar, Taluk Office, Vandavasi, Thiruvannamalai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation dated 31.07.2024 for cancellation of patta issued in 1/5

favour of the Dhanabaghyam (now deceased) by including the name of the petitioner in the patta in respect of the abovesaid property Grama Natham Plot comprised in Survey No.244/8 situated at Melpathiri Village, Vandavasi Taluk, Thiruvannamalai District measuring 120 sq.mtrs and remaining vacant property kept vacant measuring 302 sq.mts.

For Petitioner : Ms.M.Saranya For Respondents : Mr.A.Selvendran for R1 to R3 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to consider his representation dated 31.07.2024 seeking cancellation of the patta issued in the name of Dhanabaghyam, (now deceased) and issuance of patta in the name of the petitioner in respect of the property comprised in S.No.244/8, at Melpathiri Village, Vandavasi Taluk, Thiruvannamalai District.

2. According to the petitioner, the above mentioned property was assigned in the year 1994 and he has been living there by constructing a house 2/5

and recently it came to the knowledge of the petitioner that patta for the above mentioned property was wrongly given in the name of Dhanabagyam (now deceased). Therefore, the petitioner submitted a representation before the third respondent on 31.07.2024 seeking cancellation of patta issued in the name of Dhanabagyam and restore the patta in his name and the same has not been considered. Therefore, the petitioner is before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 3 would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 31.07.2024 and pass final orders, on its own merits, within a period of 12 weeks from the date of receipt of copy of this order, after issuing notice to the legal heirs of Dhanabagyam.

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5. With the above direction, this Writ Petition is disposed of. No costs.

05.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To

1. The District Collector, O/o District Collectorate Office, Thiruvannamalai, Thiruvannamalai District.

2. The District Revenue Officer, O/o District Revenue Office, Thiruvannamalai, Thiruvannamalai District.

3. The Tahsildar, Taluk Office, Vandavasi, Thiruvannamalai District.

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S.SOUNTHAR , J.

dna W.P No.25598 of 2024 05.09.2024 5/5