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Madras High CourtWP/29651/2025disposed of

A.Munusamy v. The District Revenue Officer

2025-08-14Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. A.Munusamy Petitioner Vs

1. The District Revenue Officer O/o.the District Revenue Officer, Tiruvannamalai Collectorate - 606604, Tiruvannamalai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheyyar-604 407, Thiruvannamalai District.

3.The Tahsildar, O/o.the Tahsildar, Chetpet Taluk, Thiruvannamalai District.

4.Munusamy, 5.Chinnapaiyan, 6.Rajendiran, Respondent

PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 to 3 herein to consider and pass orders on the representation dated 27/11/2023 submitted by the petitioner seeking cancellation of Patta No.576 which was issued in favour of the Respondents 4 to 6 herein and consequently direct the Respondents 1 and 2 herein to issue a separate patta in the name of the petitioner for the land to an extent of 2.30 Cent in New Survey No.97 /7, Old Survey No.97 /4 B2 of Poongunam Village, Chetpet Taluk, Thiruvannamalai District. For Petitioner(s):

Mr.V.R.Appaswamee For Respondent:

Mr.R.P.Murugan Raja, Government Advocate For R1 to R3.

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission 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 Respondents 4 to 6 is dispensed with.

2. The present writ petition has been filed praying for a writ of mandamus, directing the Respondents 1 to 3 to cancel the Patta No.576 which

was issued in favour of Respondents 4 to 6 in respect of the property comprised in New Survey No.97/7, Old Survey No.97/4B2 measuring an extent of 2.30 Cent situated at Poongunam Village, Chetpet Taluk, Thiruvannamalai District.

3. It is submitted by the learned counsel for the petitioner that originally the subject property was allotted to the petitioner's father under the Landless Scheme by the Government of Tamil Nadu. Subsequently, the said property was settled in favour of the petitioner by way of a Will which was executed by his father. While so, one Kuttaiyan the brother of the petitioner's father, mutated the patta in his name and filed a suit for permanent injunction in O.S.No.179 of 1997 before the District Munsif Court, Vandavasi, Thiruvannamalai which was dismissed vide Judgment dated 27.03.2023. After the demise of the petitioner's father and his brother Kuttaiyan, legal heirs of said Kuttaiyan who are the private respondents herein, mutated the patta in their names. Aggrieved by which, the petitioner made a representation dated st and 2 nd respondent. Since no 27.11.2023 seeking cancellation of patta before 1 action has been taken on the same till date, the petitioner has come before this

Court.

4. At the outset, it is submitted by the Learned Government Advocate appearing for R1 to R3 that, the petitioner's representation dated 27.11.2023 for cancellation of patta would be considered and appropriate orders would be passed, within a time frame, which may be fixed by this Court.

5. In view of the submission made by the Learned Government Advocate for R1 to R3, there shall be a direction to the respondents 1 to 3, to consider the petitioner's representation dated 27.11.2023 and pass appropriate orders, within a period 12 weeks from the date of receipt of a copy of this order, after issuing notice and affording reasonable opportunity of hearing to the petitioner, respondents 4 to 6 and any other interested parties/rival claimants. It is made clear that, this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.

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

14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Nhs To 1.The District Revenue Officer O/o.The District Revenue Officer, Tiruvannamalai Collectorate 606604, Tiruvannamalai District.

2.The Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Cheyyar 604 407, Thiruvannamalai District.

3.The Tahsildar, O/o.The Tahsildar, Chetpet Taluk, Thiruvannamalai District.

MOHAMMED SHAFFIQ, J.

Nhs W.P No. 29651 of 2025 14-08-2025