T.Kasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR T.Kasi ... Petitioner vs.

1.The District Collector, Tiruvannamalai District, At Tiruvannamalai.

2.The Revenue Divisional Officer, Arni, Tiruvannamalai District.

3.The Tahsildar, Taluk Office, Polur, Tiruvannamalai District.

4.Kalaichezhihan 5.Sathishkumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 27.07.2024 and thereby direct the respondents to cancel the patta stands in the name of respondents 4 and 5.

1/5

For Petitioner : Mr.B.Gopalakrishnan For R1 to R3 : Mr.U.Baranidaran Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to consider his representation dated 27.07.2024 and cancel the patta stands in the name of respondents 4 and 5.

2. According to the petitioner, the petitioner purchased 7.71 acres of land situated in Athuvambadi Village, Polur Taluk, Tiruvannamalai District by virtue of a registered Sale Deed dated 01.08.2005 vide Document No.6670/2005 on the file of the Joint Sub Registrar Office No.2, Tiruvannamalai from the father of the respondents 4 and 5. Subsequently, the patta was also transferred to his name. The respondents 4 and 5 on the strength of civil court decree obtained by them in O.S.No.38 of 2011 on the file of the Sub Court, Arani approached the 3rd respondent and got patta transfer order in their favour. Though the petitioner filed an appeal against 2/5

the judgment and decree passed by the Sub Court, Arani in A.S.No.17 of 2021 on the file of the District Court, Tiruvannamalai, the same was not brought to the notice of the 3rd respondent. It is also stated that patta in his favour was cancelled and transferred in the name of the respondents 4 and 5 without notice to the petitioner. In these circumstances, the petitioner submitted a representation dated 27.07.2024 before the respondents 1 to 3 seeking cancellation of patta issued in the name of the respondents 4 and 5 without notice to him. The said representation has not been considered by the respondents 1 to 3 till date. Therefore, the petitioner is before this Court.

3. Mr.U.Baranidaran, learned Additional Government Pleader, who is taking notice for the respondents 1 to 3 would submit that the representation of the petitioner dated 27.07.2024 will be considered by the 3rd respondent on its own merit within the time 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 direct the 3rd respondent to consider the representation of the petitioner dated 27.07.2024 and pass final orders on its own merit, after issuing necessary notice to the respondents 4 3/5

and 5, within a period of eight weeks from the date of receipt of a copy of this order.

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

06.09.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The District Collector, Tiruvannamalai District, At Tiruvannamalai.

2.The Revenue Divisional Officer, Arni, Tiruvannamalai District.

3.The Tahsildar, Taluk Office, Polur, Tiruvannamalai District.

4/5

S.SOUNTHAR, J.

dm 06.09.2024 5/5