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Madras High CourtWP/36916/2024allowed

V.Kannapiran v. The District Collector

2024-12-10Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36916 of 2024 V.Kannapiran

...Petitioner

Vs.

1.The District Collector Collector Office, Thiruvarur Collectorate Thiruvarur - 610 004 2.The District Revenue Officer Thiruvarur Collectorate, Thiruvarur - 610 004 3.The Deputy Tahsildar Kodavasal Taluk, 4.The Tahsildar Kodavasal Taluk, 1/6

5.The Village Administrative Officer Melapaiayur Post Office, Kodavasal taluk,

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 20.08.2024 for cancelling the patta No.274 and 295 with respect to the property bearing old survey no.38/10, new survey no.38/59 for an extent of 9.60 ares at Manapparavai Village, Kudavasal Taluk, within the limits of Sub Registrar Office of Kudavasal and registration district of Tiruvarur. For Petitioner :

Mr. S.Surya For Respondents :

Mr. G.Velu Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents to consider the representation made by the petitioner dated 20.08.2024 for cancelling the patta No.274 and 295 with respect to 2/6

the property bearing old survey no.38/10, new survey no.38/59 for an extent of 9.60 ares at Manapparavai Village, Kudavasal Taluk, within the limits of Sub Registrar Office of Kudavasal and registration district of Tiruvarur."

2. The subject property was purchased by the petitioner's mother one Anjammal on 16.07.1985. The said Anjammal passed away on 20.12.2008, leaving behind her children, namely, Viswanathan, Jayakumar, Kannapiran, the petitioner herein , Selvam, Venkatesan and Shanthi as her legal heirs.

3. It is the case of the petitioner that his brother, namely, Venkatesan, illegally obtains Thoraya Patta No.295 in his name. Thereafter, on 07.07.2023 the said Venkatesan executed a settlement deed in favour of his wife. Aggrieved by the same, the petitioner has made a representation, dated 20.08.2024, to the respondents to cancel the patta No.295 and No.274, as it was obtained illegally by 3/6

suppressing the true facts. Since there is no response, the petitioner is before this Court.

4. Considering the limited prayed, the respondents are directed to consider the representation of the petitioner and pass orders, within a period of 12 weeks from the date of receipt of a copy of this order. In the case of rejection, a speaking order shall be passed.

5. Accordingly, the Writ Petition is allowed. No costs. 10.12.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Collector Office, Thiruvarur Collectorate Thiruvarur - 610 004 2.The District Revenue Officer Thiruvarur Collectorate, Thiruvarur - 610 004 3.The Deputy Tahsildar Kodavasal Taluk, 4.The Tahsildar Kodavasal Taluk, 5.The Village Administrative Officer Melapaiayur Post Office, Kodavasal taluk, 5/6

P.T. ASHA, J, kan W.P.No. 36916 of 2024 10.12.2024 6/6