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Madras High CourtWP/31341/2025disposed of

K.Rajendran v. The District Collector

2025-08-29Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Rajendran : Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore 2.The Revenue Divisional Officer, Virudhchalam, Cuddalore District 3.The Tahsildar, Veppur Taluk, Veppur, Cuddalore District 4.Arumugam 5.Matheswaran 6.Chinnaiyan 7.Sampoornam 8.Arumugam 9.Perumal 10.Palanivel 11.Muthusamy 12.Karuppannan 13.Muthusamy 14.Periyasamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6

praying to issue Writ of Mandamus directing respondents 1 to 3 herein to consider the petitioner's representation dated 20.06.2025 and thereby pass appropriate orders to cancel the patta bearing Nos.338, 362, 416, 417, 418 and 422 issued in the name of respondents 4 to 14 herein within a time frame to be fixed by this Court. For Petitioner : Mr.C.Munusamy For Respondents :

Mr.S.Jayachandran, Government Advocate, for respondents 1 to 3

ORDER

By consent of learned counsel on both sides, 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 respondent Nos.4 to 14 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 3 herein to cancel the patta bearing Nos.338, 362, 416, 417, 418 and 422 issued in the name of respondents 4 to 14 in respect of property comprised in S.Nos.46, 47/2, 48/2, 133/2, 134/5, 134/6 and 134/7 situated at Kolavai Village, Veppur Taluk, Cuddalore District by considering petitioner's representation dated 20.06.2025 within a time frame to be fixed by this Court. 2/6

3. At the outset, it was submitted by the learned Government Advocate for respondents that petitioner ought to have submitted a representation seeking cancellation of patta before the Revenue Divisional Officer, second respondent herein.

4. Learned counsel for petitioner would submit that a copy of the representation dated 20.06.2025 has been marked to the RDO. In any view, he would submit that petitioner would also submit yet another representation before the RDO and he would only request that the same may be considered and disposed of within a time frame to be fixed by this Court, which was agreed to by the learned Government Advocate for respondents 1 to 3.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) It is open to the petitioner to submit a fresh representation before the RDO seeking cancellation of patta.

ii) If any such representation is submitted, the RDO shall consider the same, after issuing notice and affording a reasonable opportunity of hearing to the 3/6

petitioner, respondents 4 to 14 and all other interested parties including rival claimants, if any and dispose of, within a period of twelve weeks from the date of filing of any such representation.

iii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iv) 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 concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

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29.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Cuddalore District, Cuddalore 2.The Revenue Divisional Officer, Virudhchalam, Cuddalore District 3.The Tahsildar, Veppur Taluk, Veppur, Cuddalore District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 29.08.2025 6/6