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Madras High CourtWP/25679/2024disposed of

V.Vesudevan v. The District Collector

2024-09-04Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25679 of 2024 V.Vesudevan

...Petitioner

Vs.

1.The District Collector Cuddalore District Cuddalore.

2.The District Revenue Officer Cuddalore District Cuddalore.

3.The Sub-Registrar Sub-Registrar Office, Vadalur Cuddalore District.

4.The Thasildar Kurinjipdi Taluk Office Cuddalore District.

5.The Deputy Thasildar Kurinjipadi Taluk Office Cuddalore District.

6.The Village Administrative Officer Parvathipuram, Kurinjipadi Taluk Cuddalore District.

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7.M.Pazhaniammmal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to conduct an proper enquiry for cancellation of patta which was illegally issued in favour of the seventh respondent bearing patta No.2126 for the property situated in Old Survey No.251/1b, New Survey No.538/21 for an extent of 102 sq.mts equal to 2.5 cents at Parvathipuram Village, kurinjipadi Taluk, Cuddalore District, by considering the representation dated 19.07.2024 and for consequential orders For Petitioner : Mr.B.Sanjay Balachandar For Respondents : Mr.P.Sathish for R1 to R6 Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the second respondent to conduct an enquiry and cancellation of patta issued in favour of the seventh 2/6

respondent by considering the representation dated 19.07.2024.

2. It is the case of the petitioner that patta for the property situated in S.Nos.34/8 & 301 relevant to New S.Nos.251/1 and 538/21 originally stood in the name of the petitioner's grand father namely Vidateeran. The seventh respondent illegally obtained patta in her name in the year 2008 and attempted to encroach the property. Therefore, the petitioner submitted a representation before the respondent on 19.07.2024 seeking cancellation of the patta issued in the name of the seventh respondent and the same has not been considered. Therefore, the petitioner has come by way of this Writ Petition.

3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 6 would submit that even as per the admitted case of the petitioner, the seventh respondent already sold the property to a third party and the said third party has not been impleaded in this Writ Petition.

4. It is also seen from the typed set of papers, the representation of the petitioner dated 19.07.2024 was submitted before the Revenue Divisional Officer, Cuddalore. However, he has not been made as a party in 3/6

the Writ Petition. The endorsement on the representation submitted by the petitioner would indicate that the Revenue Divisional Officer, Cuddalore forwarded the application seeking report from the fourth respondent.

5. 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 fourth respondent to submit his report regarding the representation submitted by the petitioner dated 19.07.2024 before the Revenue Divisional Officer, Cuddalore, within a period of six weeks from the date of receipt of copy of this order. The Revenue Divisional Officer, Cuddalore shall consider the same and pass final orders, on its own merits, within a further period of six weeks thereafter, after issuing notice to the seventh respondent and other interested parties including alleged purchaser.

6. With the above directions, this Writ Petition is disposed of. No costs.

04.09.2024 Index : Yes/No Internet : Yes/No 4/6

Speaking Order/Non-Speaking Order dna To 1.The District Collector Cuddalore District Cuddalore.

2.The District Revenue Officer Cuddalore District Cuddalore.

3.The Revenue Divisional Officer, Cuddalore.

4.The Sub-Registrar Sub-Registrar Office, Vadalur Cuddalore District.

5.The Thasildar Kurinjipdi Taluk Office Cuddalore District.

6.The Deputy Thasildar Kurinjipadi Taluk Office Cuddalore District.

7.The Village Administrative Officer Parvathipuram, Kurinjipadi Taluk Cuddalore District.

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S.SOUNTHAR , J.

dna W.P No.25679 of 2024 04.09.2024 6/6