A.V.M.Uthirapathy v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.V.M.Uthirapathy ... Petitioner Vs.
1.
The Revenue Divisional Officer, Mannargudi, Tiruvarur District.
The Tahsildar, Koothanallur Taluk, Koothanallur, Tiruvarur District.
3.
Marimuthu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the 1st respondent to take necessary action on the representation of the petitioner dated 18.05.2024, for cancellation of patta within a stipulated time. For Petitioner : Mr.B.Jawahar For Respondents : Mr.A.Selvendran Special Government Pleader for R1 & R2
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 third respondent is dispensed with. The writ petition is filed praying writ of mandamus to direct the first respondent to consider the petitioner's representation dated 18.05.2024, whereby the petitioner has requested for cancellation of Patta issued in the name of the third respondent.
3.
The learned Counsel for the petitioner would submit that the petitioner is the owner of the subject land comprised in Survey No.140/2A, 140/2B, 142/1, measuring an extent of 5 acres and 83 3/4 cents, situated at Athangudi, Vadakkusethi Village, Needamangalam Taluk, now Koothanallur Taluk, Tiruvarur District, by virtue of registered Sale Deed dated 15.12.2004, registered as Document No.1074 of 2004 before the S.R.O.Koothanallur. It is submitted that Patta has been wrongly issued in the name of the third respondent in respect of Survey No.140/2A, though the third respondent has
no right to title or interest over the subject property. Therefore, the petitioner has sent a representation to the first respondent dated 18.05.2024, seeking cancellation of Patta. However, the said representation was not considered so far by the first respondent. Aggrieved by the same, the petitioner has come before this Court.
4.
At the outset, it is submitted by the learned Special Government Pleader appearing for respondents 1 and 2 that the petitioner's representation would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.
5.
In view of the same, taking into consideration of the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent, to consider the representation dated 18.05.2024 made by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as to the third respondent and any other interested parties/rival claimants, within a period of twelve (12)
weeks from the date of upload of web copy of the order without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. No costs. 17.07.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Revenue Divisional Officer, Mannargudi, Tiruvarur District.
The Tahsildar, Koothanallur Taluk, Koothanallur, Tiruvarur District.
MOHAMMED SHAFFIQ, J.
veda 17.07.2025