Duraisamy Gounder v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Duraisamy Gounder S/o.Senniamalai Gounder ... Petitioner Vs.

1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Dharapuram, Tiruppur District.

3.The Tahsildar, Kangeyam, Tiruppur District.

4.The Executive Officer, Mada Vilagam Sree Aruithra Kabeelaswar Thirukovil, Kangeyam, Tiruppur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 11.12.2024 for cancellation of patta bearing No.16 standing in the name of the fourth respondent, consequently issue patta in the name of the petitioner within a time bound manner.

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For Petitioner : Mr.K.Myilsamy For Respondents : Mr.R.P.Muruganraja Government Advocate [R1 to R3] Mr.K.Karthik [R4] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to consider the representation made by the petitioner wherein the petitioner has sought for cancellation of patta that stands in the name of the fourth respondent.

2. Heard Mr.K.Myilsamy, learned counsel for petitioner, Mr.R.P.Muruganraja, learned Government Advocate appearing for respondents 1 to 3 and Mr.K.Karthik, learned counsel appearing for fourth respondent.

3. On carefully going through the affidavit filed in support of the writ petition, it is seen that the petitioner is tracing title from the partition deeds, which were executed in the year 1970 onwards and the subsequent sale deed dated 15.04.1986. The petitioner is also placing reliance upon the subsequent partition deed dated 14.11.1990 whereby 2/4

the subject property was allotted in favour of one Duraisamy Gounder, who is the petitioner herein. Nowhere in the affidavit, the petitioner has given any details regarding the patta that stood in the name of the petitioner or his predecessors. That apart, the petitioner has filed a representation dated 11.12.2024 that was given to the Tahsildar, who incidentally is not the competent authority and there is absolutely no proof that this representation was received by the Tahsildar. In short, the entire affidavit has been prepared in a slipshod manner and the relief has been sought for before this Court.

4. There shall be a direction to the petitioner to submit a fresh representation before the second respondent along with all the relevant documents and seek for the relief. On receipt of the same, the second respondent will deal with it on its own merits and in accordance with law after affording opportunity to the fourth respondent and shall pass orders within a period of three (3) months from the date of receipt of the fresh representation from the petitioner.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

12.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Dharapuram, Tiruppur District.

3.The Tahsildar, Kangeyam, Tiruppur District.

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