G.Sankarapani v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Sankarapani ... Petitioner Vs.
1. The District Revenue Officer, O/o.The District Revenue Officer, Collectorate Campus, Thiruvallur HQ, Thiruvallur-602 001.
2.The Thashildar, O/o.The Thashildar, J.N.Road, 184/12b, NH 716, Jaya Nagar, Thiruvallur-602 001.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the second respondent to cancel Patta No.2214 dated 23.02.2016 issued in the name of a stranger, J.Devika, Guardian of Saravanan and Gopinath and direct the
respondents 1 and 2 to issue fresh patta in the petitioner's name, G.Sankarapani.
For Petitioner :
Mr.R.Arunkumar For Respondents :
Mr.A.Selvendran Special Government Pleader for R1 and R2
O R D E R
This Writ Petition has been filed seeking issuance of a writ of mandamus to direct second respondent to cancel Patta No.2214 dated 23.02.2016 issued in the name of J.Devika, Guardian of Saravanan and Gopinath and direct respondents 1 and 2 to issue fresh patta in petitioner's name, G.Sankarapani.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The grievance of the petitioner is that petitioner's wife, namely, Shyamala Devi, owned a house property comprised in S.No.109/9A
measuring an extent of 3151 sq.ft situated in Plot No.40/530, Sundarababu Nagar, 80, Perumal Pattu, Veppampattu, Thiruvallur District, and second respondent issued patta in her name and she was in possession and enjoyment of the property till her death on 28.07.2023. Having received the Legal Heir Certificate of his wife, petitioner made an application for mutation of patta in his name on 27.12.2024 to second respondent in respect of the subject property. However, he came to know that patta which stood in the name of his wife was wrongly transferred to the name of J.Devika, Guardian of Saravanan and Gopinath vide patta No.2214 dated 23.02.2016. Hence, the present writ petition has been filed.
4. Learned Special Government Pleader for the respondents would submit that since the prayer in this writ petition is for cancellation of patta which stands in the name of J.Devika and issuance of patta in the name of the petitioner, the petitioner may be permitted to submit a representation before the Revenue Divisional Officer who has not been arrayed as party. If petitioner takes out a representation, the same would be considered within a
time frame that may be stipulated by this Court which was agreed to by learned counsel for petitioner.
5. Taking into consideration the facts and circumstances of the case and considering the grievance of the petitioner, there shall be a direction to petitioner to submit a representation to concerned Revenue Divisional Officer within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On receipt of such representation, the concerned Revenue Divisional Officer shall consider the same and pass appropriate orders within a period of 12 weeks thereon, after issuing notice to the petitioner and other interested parties including present pattadhars, viz., J.Devika, rival claimants if any. 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 Revenue Divisional Officer to consider the matter on its own merits and in accordance with law.
6. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
29.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To
1. The District Revenue Officer, O/o.The District Revenue Officer, Collectorate Campus, Thiruvallur HQ, Thiruvallur-602 001.
2.The Thashildar, O/o.The Thashildar, J.N.Road, 184/12b, NH 716, Jaya Nagar, Thiruvallur-602 001.
MOHAMMED SHAFFIQ, J.
ssb 29.07.2025