A.Kanagasabai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :07.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.32925 of 2024 A.Kanagasabai ... Petitioner Vs 1.The District Collector, District Collector's Office, Vengikkal Village and Post, Tiruvannamalai Taluk and District-606 604.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tiruvannamalai-606 601.

3.The Tahsildar, Taluk Office, Kilpennathur Taluk-604 601.

4.A.Ponnan Pillai 5.A.Subiramani Pillai 6.K.Rajathi Ammal 7.E.Santha ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 2nd respondent to consider and pass order on petitioner's representation dated 28.08.2024 to cancel the Pattas that stands in the names of respondents 4 to 7 in Patta No.488 and 622 respectively and issue Patta in his name after making survey and sub-division of his property.

For Petitioner : Mr.K.Narayanan For Respondents 1 to 3 : Mr.A.Selvendran Special Government Pleader

ORDER

Order is passed at the admission stage.

2. This Writ Petition is filed for a Mandamus, directing the 2nd respondent to consider and pass order on petitioner's representation dated 28.08.2024 to cancel the Pattas that stands in the names of respondents 4 to 7 in Patta No.488 and 622 respectively and issue Patta in his name after making survey and sub-division of his 2/6

property.

3. The petitioner has approached the 2nd respondent with a representation to cancel the Pattas that has been issued in the name of respondents 4 to 7 in Patta No.488 and 622 respectively and thereafter survey and sub-divide the property and issue Patta in the name of the petitioner.

4. The petitioner claims right to the property in question on the basis of a Settlement Deed executed by his mother, sisters and brothers on 02.03.2020 in his favour. The petitioner has been in possession and enjoyment of the same since then. The property originally belonged to his father Arunachalam. The petitioner would submit that though the joint patta had been granting in favour of the petitioner, his father and his paternal uncle Annamalai and the names of the respondents 4 to 7 who are not connected with the petitioner or his family members has been issued with the patta. 3/6

5. Heard the learned counsel on either side.

6. Considering the request of the petitioner, this writ petition is allowed and mandamus is issued to the 2nd respondent to pass orders based on the representation dated 28.08.2024 within a period of twelve weeks from the date of receipt of a copy of this order after affording opportunity to the parties which include respondents 4 to 7 to put-forth their objections/their submissions and after hearing them. There shall be no order as to costs.

07.11.2024 Index : Yes/No Speaking order/non-speaking order ssn To 1.The District Collector, District Collector's Office, Vengikkal Village and Post, Tiruvannamalai Taluk and District-606 604.

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2.The Revenue Divisional Officer, Revenue Divisional Office, Tiruvannamalai-606 601.

3.The Tahsildar, Taluk Office, Kilpennathur Taluk-604 601.

P.T.ASHA, J., ssn W.P.No.32925 of 2024 5/6

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