G.Gunasekaran v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.G.Gunasekaran 2.D.Vishnu Priyan
...Petitioners
Versus
1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Krishnagiri District, Krishnagiri.
2.The Tahsildar, Bargur Taluk, Bargur, Krishnagiri District.
3.The Executive Officer, Bargur Municipality, Bargur, Krishnagiri District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to cancel the Patta bearing No.281 stands in the name of the 3rd respondent with regard to the property in Survey No.542A/1 measuring an extent of 40 cents situated at Bargur Village, Bargur Taluk, Krishnagiri District based on the representations of the petitioners dated 12.05.2023 and 10.05.2025. 1/6
For Petitioners :
Mr.M.Kaviveerappan For Respondents :
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.
2. The relief sought in this writ petition is to direct the 1st respondent to cancel the Patta No.281 standing in the name of 3rd respondent in respect of the property comprised in Survey No.542A/1 measuring an extent of 40 cents situated at Bargur Village, Bargur Taluk, Krishnagiri District based on the petitioners' Representations dated 12.05.2023 & 10.05.2025.
3. The learned Special Government Pleader appearing for the respondents submitted that if the petitioners submit an Online Application for cancellation of Patta No.281 which stands in the name of 3rd respondent in respect of the subject property, 1st respondent would conduct an enquiry on the Online Applications and pass appropriate orders, in accordance with law, within a time frame to be fixed by this Court. 2/6
4. The above submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioners.
5. In view of the limited relief sought by the petitioners, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The petitioners are directed to submit an Online Application seeking to cancel the Patta No.281 standing in the name of the 3rd respondent in respect of the subject property, within a period of four 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. (ii) On submission of such Online Applications by the petitioners, 1st respondent shall consider the same and pass appropriate orders, after issuing notice and affording a reasonable opportunity of hearing to the petitioners and all other interested parties including rival claimants, if any, within a period of eight weeks from the date of submission of petitioners' Online Application.
(iii) Though facts have been set out in affidavit, in view of the limited 3/6
relief that is sought to be granted, I do not propose to examine the same, lest it may influence the Authority. The 1st respondent shall independently consider the facts and law set out in the petitioners' Application and pass appropriate orders, in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Patta Pass Book Rules, 1987.
(iv) 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 1st respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioners and all other interested parties are left open. No costs.
01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6
To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Krishnagiri District, Krishnagiri.
2.The Tahsildar, Bargur Taluk, Bargur, Krishnagiri District.
3.The Executive Officer, Bargur Municipality, Bargur, Krishnagiri District.
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MOHAMMED SHAFFIQ, J.
mrr 01.08.2025 6/6