G.Chandran v. The District Collector
In the High Court of Judicature at Madras Dated : 22.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.1133 of 2025 G.Chandran
...Petitioner
Vs 1.The District Collector Thiruvannamalai Thiruvannamalai District.
2.The Revenue Divisional Officer Aarani, Thiruvannamalai District.
3.The Tahsildar, Aarani Thiruvannamalai District.
4.Saravanan
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 23.9.2024 regarding cancellation of patta No.4049 granted in favour of the 4th respondent for the property in Survey No.243/4B for an extent of 0.15 acres at Ondi Kudisai Village, Aarani Taluk and to revive the patta as per the old records.
For Petitioner :
Mr.P.Anbazhagan For R1 to R3 :
Mr.A.Selvendran, SGP
ORDER
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Seeking a direction to respondents 2 and 3 to consider his representation dated 23.9.2024 to cancel the patta granted to the fourth respondent in respect of the property in Survey No.243/4B measuring 0.15 acres at Ondi Kudisai Village, Aarani Taluk, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 3.
3. The case of the petitioner is as follows : (i) The petitioner owns a land measuring 1.37 acres in S.No.234/4A and another land measuring 0.15 acres in S.No.243/4B, in total, 1.52 acres, Ondi Kudisai Village, Arni Taluk. Originally, S.No.243/4B measured an extent of 1.68 acres, out of which, the petitioner purchased 0.15 acres along with the said 1.37 acres in S.No/234/4A. The remaining 1.53 acres in S.No.234/4B belonged to one Mr.Raji Arul and one Mr.Gurunathan, from whom, the father of the fourth respondent - one Mr.Mannarsamy purchased 1.52 acres. After the demise of the father of the fourth respondent, his wife - one Mrs.Jayamma sold 1.51 acres in S.No.243/4B in favour of one Mr.Krishna Gounder in the year 2004. As a result, the remaining 1 cent alone belongs to the said Mrs.Jayamma.
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(ii) But, to his shock and surprise, taking advantage of the fact that the properties, which belonged to both the petitioner as well as the said Mrs.Jayamma, are comprised in the same survey number namely S.No.234/4B, the said Mrs.Jayamma fraudulently sold the said 0.15 acres, which is owned by the petitioner to her own son namely the fourth respondent vide sale deed dated 23.5.2013 registered as doc.No.4124 of 2013 on the file of the Sub-Registrar, Arni. Further, with an intention to grab the possession, the fourth respondent made an online application before the third respondent seeking patta. and the patta was also issued in favour of the fourth respondent without conducting any inquiry.
(iii) Aggrieved by that, the petitioner sent a representation dated 23.9.2024 to respondents 1 and 3 and also the District Revenue Officer, Tiruvannamalai. On receipt of the said representation, the first respondent forwarded the said representation to the second respondent for taking proper action. But, till date, no action has been taken on the same. Hence the writ petition.
4. Considering the limited nature of the relief sought and without expressing any opinion on the merits, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the said representation of the petitioner dated 23.9.2024 for cancellation of the 3/5
patta issued in favour of the fourth respondent, on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. 22.1.2025 To 1.The District Collector Thiruvannamalai Thiruvannamalai District.
2.The Revenue Divisional Officer Aarani, Thiruvannamalai District.
3.The Tahsildar, Aarani Thiruvannamalai District.
RS 4/5
P.T.ASHA,J RS 22.1.2025 5/5