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Madras High CourtWP/45329/2025disposed of

Leemarose v. The Revenue Divisional Officer

2025-11-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. LEEMAROSE W/o. Paul Vincent, No.1/104, Mazhavaraiyanalur, Shrimushnam Taluk, Kumarakudi Post, Cuddalore District.

Petitioner(s) Vs

1. The Revenue Divisional Officer Chidambaram, Cuddalore District.

2.The Tahsildar Sri Mushnam, Cuddalore District.

3.The Zonal Deputy Tahsildar Sri Mushnam, Cuddalore District.

4.Mr. James S/o. Barnaboss, No.64, Pothigai Street, Maruthi Nagar, Kurinjipadi Taluk, Cuddalore District.

5.LATHA W/o. Parasuraman, Shrimushnam Taluk, Thandeshwarar Nallur Village, Nangudi Post, Cuddalore District.

Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India for the directing the 1st Respondent to decide and consider the appeal made by the petitioner dated 16.06.2025 and cancel the patta stands in the name of the 4th Respondent.

For Petitioner(s): M/s. D.Ashok Kumar R. Swetha Ar. Manikandan M. Kowshith E. Jagadeesh For Respondent:

Mr.P.Ganesan Government Advocate for R1 to R3

ORDER

This writ petition has been filed for a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 16.06.2025 and cancel the patta standing in the name of the 4th respondent.

2.

Heard the learned counsel appearing on either side. 3.

The case of the petitioner is that the petitioner's father one Mr.Baranabas had handed over the property bearing Patta No.753, Survey Nos.155 /2C1 (0.15.5 ares) and 155/2C2 (0.17.5 ares) totally measuring 0.33.0 ares situated at Nangudi Village in favour of

the petitioner through an Agreement dated 27.02.2010. Thereafter, the petitioner has been in possession and enjoyment of the said property. However, the 4th respondent created a forged document and attempted to interfere with the peaceful possession of the property and hence, the petitioner filed a suit in OS No.46 of 2010 before the District Munsif Court, Kattumannarkoil and the said suit was set exparte. Aggrieved by the same, the petitioner's father and the 4th respondent preferred an IA No.23 of 2021 to reopen the case but the same was dismissed on 07.07.2021. Similarly, the 5th respondent is also attempting to interfere with the possession of the subject property. Thereafter, the petitioner in this regard had preferred an appeal before the 1st respondent seeking cancellation of patta that had been issued in favour of the 4th respondent on 16.06.2025. Since no action has been taken, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 16.06.2025 on its own merits and in accordance with

law, after affording opportunity to respondents 4 and 5 and all the other interested parties and the final orders shall be passed, within a period of eight (8) weeks from the date of receipt of copy of this order.

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

25-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Revenue Divisional Officer Chidambaram, Cuddalore District.

2.The Tahsildar Sri Mushnam, Cuddalore District.

3.The Zonal Deputy Tahsildar Sri Mushnam, Cuddalore District.

4.Mr. James S/o. Barnaboss, No.64, Pothigai Street, Maruthi Nagar, Kurinjipadi Taluk, Cuddalore District.

5.LATHA W/o. Parasuraman, Shrimushnam Taluk, Thandeshwarar Nallur Village, Nangudi Post, Cuddalore District.

N.ANAND VENKATESH J.

rka 25-11-2025