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Madras High CourtWP/29837/2025disposed of

D.Manoranjitham v. The Principal Secretary To Government

2025-08-18Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D.Manoranjitham ... Petitioner Vs.

1. The Principal Secretary to Government Revenue Department, Secretariat Fort St. George, Chennai 600 009 2.The District Collector - Krishnagiri District The District Collectorate, First Floor Collector Office Road, Krishnagiri 635 115 3.The Zonal Deputy Tahsildar O/o.Zonal Deputy Tahsildar Uthangarai Taluk Office Police Station Road, Uthangarai Krishnagiri 635 207 4.G.Srinivasan 5.The Revenue Divisional Officer Krishnagiri Uthangarai Taluk Krishnagiri 635 504 (R5-suo motu impleaded by this Court) ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to conduct enquiry based on the representations made by the petitioner on 17.02.2025, 01.04.2025 and on 29.05.2025, for cancellation of Patta No.1426, Survey No.325/3A1, Reddipatti Village, Uthangarai Taluk, Krishnagiri District 635 304, in accordance with law.

For Petitioner(s) : Mr.R.Nandakumar For Respondent(s) : Mr.S.Balamurugan Government Advocate - R1 to R3, R5

ORDER

By consent on either side, 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 4th Respondent is hereby dispensed with.

2.The above Writ Petition is filed seeking for issuance of a writ of mandamus, to direct the respondents to conduct an enquiry based on the representations made by the petitioner on 17.02.2025, 01.04.2025 and 29.05.2025 for cancellation of patta No.1426, in respect of the land comprised in Survey No.325/3A2A, measuring an extent of 1 Ares.

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3.Learned counsel for the petitioner would submit that the 4th respondent by virtue of a settlement deed dated 05.07.2021 settled in his favour to an extent 936 sq.ft. acquired title to the adjacent property comprised in Survey No.325/3A1. However, in the patta issued in favour of the 4th respondent in patta No.1426, the extent of the land has been shown as 1 Ares viz. 1076 sq. ft. which is approximately about 140 sq. ft. in excess of what was settled in his favour. It was in these circumstances, the petitioner submitted the representations viz. 17.02.2025, 01.04.2025 and 29.05.2025 and the same are stated to be pending till date. Hence, the present Writ Petition.

4.Mr.S.Balamurugan, learned Government Advocate would submit that RDO, Krishnagiri, is the appropriate authority to consider the representation of the petitioner. However, the RDO has not been made as a party respondent. He would thus submit that if the petitioner makes a fresh representation to the RDO, the same would be considered after issuing notice to the petitioner, 4th respondent and any other interested parties and appropriate orders would be passed by the concerned respondent after affording reasonable opportunity of hearing to the parties within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

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5. In view of the above, the Revenue Divisional Officer, Krishnagiri, Uthangarai Taluk, Krishnagiri 635504, is suo motu impleaded by this Court as the 5th respondent. The petitioner is directed to submit a fresh representation to the newly impleaded 5th respondent viz. RDO, Krishnagiri, Uthangarai Taluk. If any such representation is made, the RDO, Krishnagiri is directed to consider the same on its own merits and in accordance with law and pass appropriate orders, after affording reasonable opportunity of hearing to the petitioner, 4th respondent and any other interested persons/stake holders, including rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 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 RDO, Krishnagiri, to consider the same on its own merits and in accordance with law.

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

18.08.2025 kas Index : Yes/ No Speaking /Non Speaking To

1. The Principal Secretary to Government 4/6

Revenue Department, Secretariat Fort St. George, Chennai 600 009 2.The District Collector - Krishnagiri District The District Collectorate, First Floor Collector Office Road, Krishnagiri 635 115 3.The Zonal Deputy Tahsildar O/o.Zonal Deputy Tahsildar Uthangarai Taluk Office Police Station Road, Uthangarai Krishnagiri 635 207 4.The Revenue Divisional Officer Krishnagiri Uthangarai Taluk Krishnagiri 635 504 5/6

MOHAMMED SHAFFIQ, J.

kas 18.08.2025 6/6