R.Selvanayagam, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN R.Selvanayagam ...

Petitioner Vs 1.The Government of Tamil Nadu, Rep.by its Secretary, Revenue Department, Fort St.George, Chennai 600 009 2.The District Revenue Officer, Office of the Collectorate, Chennai 600 001 3.The Tahsildar, Aminjikarai Taluk, Chennai 600 107 4.Varadarajan Babuji ...

Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in respect of the order in proceedings No.J-3/28774/2014 dated 21.03.2017 passed by the second respondent and quash the same.

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For Petitioner : No appearance For Respondents For R1 to3 : Mr.N.Naveen Kumar, Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 21.03.2017 thereby cancelling the patta on the request made by the fourth respondent for the property comprised in survey No.32 at Block No.47, Villivakkam Village, Chennai belongs to one, Krishnan.

2.

It is seen that the petitioner was adopted by the said Krishnan. After demise of the said Krishnan and his wife, the petitioner inherited the subject property and also mutated the revenue records in his name. While being so, the fourth respondent herein claimed the subject property as he is a distant relative of the said Krishnan. That apart, he entered into agreement for sale with a real estate agent namely Rajendran. Thereafter, the said Rajendran filed suit in OS.No.6545 of 2015 on the file of the XVII Assistant 2/6

Judge, Civil Civil Court, Chennai for permanent injunction in respect of the subject property. However, it was dismissed by the judgment and degree dated 04.07.2023. Subsequently the said Rajendran filed appeal before the District Revenue Officer to cancel the patta issued in favour of the petitioner in respect of the subject property. The second respondent after fulfledged enquiry, cancelled the patta granted in favour of the petitioner in respect of the property comprised in survey No.32 at Block No.47, Villivakkam Village, Chennai 3.

On perusal of records, it is revealed that after due enquiry, the Tahsildar concerned submitted report that the legal heirship certificate of the (late) Krishnan purported to have been issued by his office dated 08.04.2000 and the legal heirship certificate of Chellammal W/o Krishnan dated 06.06.2012 were not issued by his Office. That apart, the petitioner did not appear for enquiry. Therefore, the patta was erroneously issued in favour of petitioner and subsequently it was rightly cancelled by the second respondent. Hence, this Court finds no infirmity or illegality in the impugned order. However, the petitioner is at liberty to approach the civil court for appropriate relief in the manner known to law. 3/6

4.

With the above liberty, this writ petition is dismissed. There shall be no order as to costs.

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To 1.The Government of Tamil Nadu, Rep.by its Secretary, Revenue Department, Fort St.George, Chennai 600 009 2.The District Revenue Officer, Office of the Collectorate, Chennai 600 001 3.The Tahsildar, Aminjikarai Taluk, Chennai 600 107 5/6

G.K.ILANTHIRAIYAN, J.

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