Madras High CourtWP/40017/2024allowed

S.S.Ravi v. The District Collector

2025-01-20Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 40017 of 2024 S.S.Ravi

...Petitioner

Vs.

1.The District Collector Cuddalore District.

2.The District Revenue Officer, Cuddalore District.

3.The Revenue Divisional Officer Virudhachalam Taluk, Cuddalore District.

4.The Tahsildar Virudhachalam taluk, Cuddalore District.

5.The Village Administrative Officer Kovilanoor and Mangalam (co) Village, Virudhachalam Taluk, Cuddalore District.

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6.The village Administrative Officer Mu. Agaram Village, Virudhachalam Taluk, Cuddalore District.

7.Bangaru Ammal 8.Selvaraj 9.Suguna 10.Vimala 11.Vanaja 12.Padaikan 13.Krishnamurthy

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to cancel the wrongly entered patta no.1463 and 2707 and to carryout corrections in patta no.2357 on the file of Mangalam (co) Village records and to cancel the wrongly entered patta no.609 and to carryout corrections in patta no.556 on the file of Kovilanoor Village records and also to carryout correction in patta no.1671 on the file of 2/8

Mu.Agaram village records herein 5th and 6th respondents by considering the petitioner's representation dated 23.07.2024. For Petitioner :

Mr. C.R.Gokulvisvas For Respondents :

Mr. P.Sathish 1 to 6 Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 4th respondent to cancel the wrongly entered patta no.1463 and 2707 and to carryout corrections in patta no.2357 on the file of Mangalam (co) Village records and to cancel the wrongly entered patta no.609 and to carryout corrections in patta no.556 on the file of Kovilanoor Village records and also to carryout correction in patta no.1671 on the file of Mu.Agaram village records herein 5th and 6th respondents by considering the petitioner's representation dated 3/8

23.07.2024."

2. The subject property belongs to the petitioner's mother. She inherited the subject property from her father. The petitioner's mother has been in continuous possession and enjoyment of the property since then. While so, the respondents 7 to 13 have fraudulently obtained patta in their names.

3. The petitioner made a representation to the RDO, Virudhachalam, to cancel the fradulent pattas. The RDO, Virudhachalam, directed the Tahsildar, Virudhachalam, to cancel the patta. Since the Tahsildar, Virudhachalam, was delaying the proceedings, the petitioner filed W.P.No.6090 of 2010 on the file of this Court.

4. This Court in W.P.No.6090 of 2010 by order dated 04.03.2021, observed that there is a pendency of civil dispute in S.A.No.337 of 2012, on the file of this Court, between the parties to the 4/8

Writ Petition. Hence, disposed of the Writ Petition, directing the petitioner to approach the revenue officials after succeeding in the civil dispute.

5. The petitioner would submit that the said Second Appeal has been allowed in favour of the petitioner. Therefore, the petitioner made a representation on 23.07.2024 to the respondents to cancel the wrongly issued patta. Since there is no response, the petitioner is before this Court.

6. Heard the learned counsels on the either side and perused the records.

7. Considering the fact that the petitioner's right has been established before this Court in S.A.No.337 of 2012 and also the fact that his representation dated 23.07.2024 has not been considered to date, a mandamus is issued to the 4th respondent to cancel the wrongly entered patta and make necessary corrections in the entries, within a 5/8

period of 12 weeks from the date of receipt of a copy of this order.

8. The Writ Petition is allowed. No costs.

20.01.2025 Index : Yes/No Internet : Yes/No kan 6/8

To 1.The District Collector Cuddalore District.