D.Vinayagam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.35369 of 2019 and W.M.P.No.36187 of 2019 D.Vinayagam

...Petitioner

Vs 1.The Revenue Divisional Officer, Chengalpattu Revenue Division, Kancheepuram District.

2.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Kancheepuram District.

3.V.T.Krishnasamy

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to revoke the patta No.747 issued in favour of the third respondent herein and maintained the same as original status in the name of the petitioner. For Petitioner : No Appearance For Respondents : Mr.A.Selvendran Government Advocate (for R1 & R2) : Mr.R.Saravanakumar (for R3)

O R D E R

This writ petition is filed to issue a Writ of Mandamus, directing the first respondent to revoke Patta No.747 issued in favour of the third respondent herein and maintain the same as original status in the name of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the third respondent submitted that the sole petitioner died.

3. However, the legal heirs of the deceased/sole petitioner are at liberty to file an appeal as against the issuance of patta in favour of the third respondent, before the first respondent, in the manner known to law. If any such appeal is filed by the legal heirs of the deceased/sole petitioner, the first respondent is directed to conduct enquiry, after issuance of notice to the third respondent and other counter parties, if any and pass orders, on merits and in accordance with law.

4. With the above direction, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar kv To 1.The Revenue Divisional Officer, Chengalpattu Revenue Division, Kancheepuram District.

2.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Kancheepuram District.

+1cc to the Government Pleader SR. No.58213 W.P.No.35369 of 2019 PM (CO) PR (30/11/2021) https://hcservices.ecourts.gov.in/hcservices/