A.Sakthivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28689 of 2024

1. A.Sakthivel

2. A.Boopathi ...Petitioners Vs.

1. The District Collector, Salem District.

2. The Revenue Divisional Officer, Sankari Taluk, Sankari, Salem District.

3. The Tahsildar, Sankari Taluk, Sankari, Salem District.

4. S.Mani

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the name of the fourth respondent (S.Mani, S/o Sevigounder) in patta No.2779, S.F.No.113/3 situated at Kaveeripatti Village, Sankari Taluk, Salem District as he is no way connected to the property and direct the respondents 1 to 3 to issue fresh patta for the above said property. 1/4

For Petitioner : M/s.N.Kavitha Rameshwar For R1 to R3 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to remove the name of the fourth respondent in patta No.2779, S.F.No.113/3 situated at Kaveeripatti Village, Sankari Taluk, Salem District and direct the respondents 1 to 3 to issue fresh patta for the above said property.

2. It is the case of the petitioner that the above mentioned property belongs to the petitioner and various other persons. The fourth respondent is one of the co-owners and he already sold his share to one Ayyankutti and Annamalai. The purchasers' names were already included in the Revenue Records. However, the name of the fourth respondent, has also been included in the revenue records. Therefore, the petitioner submitted a representation dated 22.03.2024 before the third respondent seeking deletion of the fourth respondent name and issuance of fresh patta in respect of the above property in favour of petitioner. The same has not been considered till date. Therefore, the 2/4

petitioner is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 would submit that the representation of the petitioner will be considered on its own merits and appropriate orders will be passed.

4. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 22.03.2024 and pass final orders, after issuing notice to the petitioner as well as the fourth respondent and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

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

26.09.2024 3/4

Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To

1. The District Collector, Salem District.

2. The Revenue Divisional Officer, Sankari Taluk, Sankari, Salem District.

3. The Tahsildar, Sankari Taluk, Sankari, Salem District.

W.P No.28689 of 2024 26.09.2024 (1/2) 4/4