R.Mohan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2873 of 2025 R.Mohan ..Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Office,

2. The Tahsildar, Walajah Taluk,

3. The Revenue Inspector, Ranipet Sub-Division, Walajah Taluk,

4. The Zonal Deputy Commissioner, Walajah Taluk,

5. Mr.G.Dhanvandhan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for 1/5

issuance of a Writ of Mandamus directing the 1st respondent to consider the representation letter dated 23.05.2022 & 19.09.2024 and thereby, cancel the incorrect patta vide Patta no.1264 has been issued in the name of Mr.Gopupillai (Late) under wrong S.No.8/1C, measuring 0.31.0 Ha and consequently, for issuance of new joint patta to the legal heirs of Late Mrs.Kannammal, as per the Legal heir certificate.

For Petitioner : Mr.S.Sivanandam For Respondent : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to deal with the representations made by the petitioner, who is seeking for cancellation of patta that has been issued in the name of the father of the 5th respondent with respect to the property in Survey No.8/1C and for a consequential direction for issuance of a fresh joint patta in the name of legal heirs of Mrs.Kannammal.

2.

Heard Mr.S.Sivanandam, learned counsel for the petitioner and 2/5

Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents 1 to 4.

3.

The specific case of the petitioner is that the father of the 5th respondent did not have any right over the subject property and whereas, the patta in Patta No.1264 was issued in the name of the father of the 5th respondent. The petitioner aggrieved by the same made a representation to the 1st respondent seeking to cancel the patta which was erroneously issued in favour of the father of the 5th respondent and with a further request for issuing a fresh joint patta in the name of the legal heirs of late Mrs.Kannammal. Since the same was not considered, the present writ petition has been filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner dated 19.09.2024 on its own merits and in accordance with law and after affording an opportunity to all other interested parties and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5.

The petitioner is directed to make a fresh representation to the 1st respondent along with representation dated 19.09.2024 and also along with other relevant document and also a copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

04.02.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka N. ANAND VENKATESH, J.

rka To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Office, 4/5

2. The Tahsildar, Walajah Taluk,

3. The Revenue Inspector, Ranipet Sub-Division, Walajah Taluk,

4. The Zonal Deputy Commissioner, Walajah Taluk, WP No.2873 of 2025 04.02.2025 5/5