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Madras High CourtWP/39484/2024allowed

A.Gomathy v. The District Revenue Officer,

2025-01-06Honourable Ms. Justice P.T. Asha9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA WP NO. 39484 of 2024 A.Gomathy W/o.M.Arun Raj Kumar, Plot No.2, Door No.2, Rajammal Nagar Phase -ii, Paduvanchery Main Road, Madampakkam, Chennai 600 126,.

Petitioner(s) Vs The District Revenue Officer, Chengalpet District, Chengalpet. and 3 Others Respondent(s) WP NO. 39484 of 2024 For Petitioner(s):

K. Govi Ganesan S.Sriram M.Vishali P.Santhosh C.Vigeshwaran Inian.R For Respondent(s):

ORDER

Today, the case is listed under the caption ''for being mentioned'' at the instance of the learned counsel for the petitioner. 2.It is submitted by the learned counsel for the petitioner that the writ petition was disposed of on 06.01.2025 and that the respondents have been 1/9

wrongly shown in the "To Address Column".

3.Learned counsel for the Respondents did not seriously object to carry out the necessary corrections.

4.Heard both sides.

5.Finding that there is an error apparent on the face of record and that the respondents have no objection in substituting the correct respondents' name, Registry is directed to substitute the respondents as found in the order dated 06.01.2025 with the following respondents in the "To Address Column":

"1.The District Revenue Officer, Chengalpet District, Chengalpet.

2.The Sub-Collector, Chengalpet.

3.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Chengalpet District."

6.Except the above modification, the order dated 06.01.2025 shall remain intact in all other aspects. Registry is directed to carry out necessary corrections and issue the fresh order copy to the parties forthwith. 2/9

07-04-2025 pam WP NO. 39484 of 2024 To 1.The District Revenue Officer, Chengalpet District, Chengalpet.

2.The Sub - Collector, Chengaklpet.

3.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Chengalpet District. 4.Veeragghavan, S/o.Elumalai, Pandur Village, Chengalpet District. 3/9

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA A.Gomathy

...Petitioner

Vs.

1.The District Revenue Officer, Chengalpet District, Chengalpet.

2.The Sub-Collector, Chengalpet.

3.The Tahsildar, Thirukalukundram Taluk, Thirukalukundram, Chengalpet District.

4.Veeraraghavan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1st respondent herein to dispose of the Revision dated 24.10.2024 filed by the petitioner herein challenging the proceedings dated 12.06.2024 passed in Na.Ka.No.144/2024/B2 on the file of the 2nd respondent herein in accordance with law and within a stipulated period.

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For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.A.Selvendran for R1 to R3 Special Government Pleader

O R D E R

Seeking the limited relief of an early disposal of the revision filed by the petitioner before the first respondent on 24.10.2024, the petitioner is before this Court.

2.It is the case of the petitioner is that he is the owner of the lands measuring an extent of 0.24 cents, 0.10 cents and 0.05 cents in S.F.Nos.128/1A, 186/4 and 186/6 respectively situated at No.36, Pandur Village, Thirukalukundram Taluk, Chengalpet District of more having been settled vide Settlement Deed dated 30.10.2017 and registered as Document No.3771/2017. The petitioner would submit that from the date of the Settlement Deed, he has been in possession and enjoyment of the suit property.

3.The petitioner's mother had prior to the Settlement Deed filed a suit in O.S.No.177/2006 on the file of the Municipal Sub Court, Chengalpet against the fourth respondent and 2 others seeking a partition and separate 5/9

possession claiming 1/3rd share in the suit properties. The learned Sub Judge by the Judgment and Decree dated 27.07.2010 decreed the suit in respect of items 1, 3 and 4 of the suit properties. Pursuant to the preliminary decree, the petitioner filed I.A.No.174 of 2012 for passing of final decree. By a Judgment and Decree dated 13.10.2024, the final decree was passed allowing items 1, 3 and 4 in favour of the petitioner's mother. 4.Challending the said Judgment and Decree, the fourth respondent filed A.S.No.34 of 2018 on the file of the Principal District Court, Chengalpattu and the Appellate Court had confirmed the Judgment and Decree in the suit by dismissing the First Appeal on 05.04.2024. 5.

It appears when the First Appeal was pending, the fourth respondent had approached the second respondent for issuing patta in his name by cancelling the patta issued in the petitioner's name, the second respondent had been restored to its original position. Immediately on coming to know about the same, the petitioner had filed a revision on 24.10.2024 before the first respondent.

has been decreed in favour of the petitioner's mother. Thus, aggrieved petitioner is before this Court.

6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the above fact and circumstances of the case and taken note of the fact that the petitioner only requires a mandamus to the first respondent to dispose of the revision at the earliest. The Writ Petition is allowed, a mandamus is issued to the first respondent to dispose of the revision dated 24.10.2024 filed by the petitioner challenging the issuance of patta in favour of the fourth respondent. The first respondent shall issue notice to the petitioner and the fourth respondent and hear their objection thereafter, pass appropriate orders. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No costs.

06.01.2025 Index : Yes/No Speaking Order : Yes/No : Yes/No pam 7/9

To 1.The Arbitrator cum-District Collector, Collectorate Office, Krishnagiri District.

2.The Competent Authority and Special District Revenue Officer (LA), National Highways 948A, STRR, Thenkanikotai Road, Arul Vajaram Complex Dinnur, Hosur, Krishnagiri District.

3.The Special Tahsildar (Land Administration) National Highways No.948A, STRR, Unit I, Hosur, Krishnagiri District.

4.The Project Director (NH 948), National Highways Authority of India, PIU - Bengaluru, Sy.No.13, 14th Km Nagasandra Tumkur NH4 Road, Bengaluru - 560 073.

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P.T.ASHA, J.

pam 06.01.2025 9/9