Thiyagarajan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 51108 OF 2025

1. THIYAGARAJAN S/o.Gajapathi, No.1, Saibul Mulk Street, Komaleeswaranpet, Chennai-600 002 Petitioner(s) Vs

1. The District Revenue Officer Kanchipuram District 2.The Revenue Divisional Officer Sriperumbudur, Kanchipuram District 3.The Tahsildar Sriperumbudur, Kanchipuram District 4.KESAVAN S/o.Gangaiah Chetty, No.73, 2nd Street, Manikodi Srinivasan Nagar, Perungudi, Chennai-600 5.Vijaya Balaji S/o.Kesavan, No.73, 2nd Street,

Manikodi Srinivasan Nagar, Perungudi, Chennai-600 096 6.PRABHU S/o.Kesavan, No.73, 2nd Street, Manikodi Srinivasan Nagar, Perungudi, Chennai-600 096 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing 1st respondent to dispose the appeal pending before the 1st respondent within the time frame stipulated by this Court..

For Petitioner Mr.V.Raghavachari Senior Counsel for Ms.C.A.Sharmila For Respondent Mr.D.Ravi Chandru Special Government Pleader for R1 to R3 Mr.P.K.Sabapathi for R4 to R6

ORDER

Mr.D.Ravi Chandru, learned Special Government Pleader takes notice for respondents 1 to 3 and Mr.P.K.Sabapathi, learned counsel, takes notice for respondents 4 to 6. 2.

The present writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to dispose of the appeal pending before the 1st respondent within the time frame fixed

by this Court.

3.

Heard Mr.V.Raghavachari, learned Senior counsel appearing on behalf of the petitioner and the respective learned counsel appearing on behalf of the respondents. 4.

The specific case of the petitioner is that the respondents 4 to 6 have no right or title over the subject property. They seem to have given a representation to the 2nd respondent to cancel the patta issued in favour of the petitioner. The petitioner also submitted all the relevant documents before the 2nd respondent and inspite of the same, the 2nd respondent through proceedings dated 06.11.2025 cancelled the patta issued in favour of the petitioner and restored the patta standing in the name of the respondents 5 and 6. Aggrieved by the same, the petitioner has filed an appeal before the 1st respondent. Since the same was not considered, the present writ petition has been filed before this Court.

5.

The specific case of the petitioner is that taking advantage of the patta issued in favour of the private respondents, an attempt is being made to interfere with the possession and enjoyment of the property. Therefore, the petitioner has sought for

an interim injunction restraining the respondents 4 to 6 from in any manner interfering with the peaceful possession and enjoyment of the property.

6.

In the considered view of this Court, the substantial issue is now pending before the 1st respondent and the 1st respondent has to deal with the appeal filed by the petitioner on 17.11.2025. The mere issuance of patta in favour of the private respondents after cancelling the patta in favour of the petitioner does not really decide the possession over the property. If the petitioner has any threat and the possession is being interfered by the private respondents, it is left open to the petitioner to seek for an appropriate interim order before the concerned Court where the suit is pending in OS No.60 of 2018 on the file of District Munsif Court, Sriperambudur. This clarity will sufficiently take care of the grievance expressed by the petitioner.

7.

In the light of the above discussion, there shall be a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 17.11.2025 after affording opportunity to the petitioner and the private respondents, within a period of twelve weeks from

the date of receipt of a copy of this order.

8.

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

Consequently, the connected miscellaneous petition is closed.

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

To 1.The District Revenue Officer Kanchipuram District 2.The Revenue Divisional Officer Sriperumbudur, Kanchipuram District 3.The Tahsildar Sriperumbudur, Kanchipuram District 4.KESAVAN S/o.Gangaiah Chetty, No.73, 2nd Street, Manikodi Srinivasan Nagar, Perungudi, Chennai-600 5.Vijaya Balaji S/o.Kesavan, No.73, 2nd Street, Manikodi Srinivasan Nagar, Perungudi, Chennai-600 096 6.PRABHU S/o.Kesavan, No.73, 2nd Street, Manikodi Srinivasan Nagar, Perungudi, Chennai-600 096

N.ANAND VENKATESH J.

rka AND WMP NO. 51108 OF 2025

25-11-2025