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Madras High CourtWP/26496/2018allowed

S.Varadharajan v. The District Revenue Officer

2025-09-09Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.30812, 30816 of 2018 and W.M.P.No.5119 of 2019 S.Varadharajan ... Petitioner Vs.

1. The District Revenue Officer, Krishnagiri District.

2. The Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District.

3. The Inspector of Police, Uthangarai Police Station, Uthangarai.

4. S.Ganesan

5. G.Palanisamy

6. S.Shanmugasundaram

7. S.Ramachandran ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorari, calling for the records of the first respondent vide Pa.Mu.18974/17/J1 dated 04.09.2018 and quash the same as illegal.

For Petitioner : Mr.T.Mohan, Senior Counsel for Mr.P.Muthusamy For Respondents: Mr.G.Velu, Additional Government Pleader (for R1 & R2) Mr.Kishore Kumar Government Advocate (Crl.Side) for R3 Mr.P.Jagadesan (for R4 & R5)

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent dated 04.09.2018, thereby cancelling the patta issued in favour of the petitioner and the fourth respondent and restoring the patta in the name of their father.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the first and second respondents, the Government Advocate (Crl.Side) appearing for the third respondent and the learned counsel for the fourth and fifth respondents and perused the materials available on record.

3. The learned Senior Counsel appearing for the petitioner would submit that the petitioner and the fourth respondent are brothers. The fourth respondent submitted a representation to correct the measurement of the land in the patta as per his enjoyment. On receipt of the said representation, the first respondent conducted an enquiry and ordered to cancel the patta issued in favour of the petitioner and the fourth respondent and restored the patta in the name of their father. The petitioner has no other grievance except the cancellation of patta.

4. The learned counsel for the fourth and fifth respondents would submit that if the patta restored in the name of the petitioner as well as the fourth respondent without changing the measurement of the land, it can be corrected accordingly.

5. In view of the above, the impugned order dated 04.09.2018 passed by the first respondent is hereby set aside insofar as the restoration of patta in the name of the petitioner and the fourth respondent's father alone. The first item stands in the name of the fourth respondent, and the third item stands in the name of the petitioner. Accordingly, the second respondent is directed issue a joint patta without changing the correction made by the first respondent in respect of the extent of the land. The subsequent purchasers, if any, they can very well apply for fresh patta before the concerned authority.

6. In the result, this Writ Petition is allowed as indicated above. Consequently, the connected Miscellaneous Petitions are closed. No costs. 09.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The District Revenue Officer, Krishnagiri District.

2. The Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District.

3. The Inspector of Police, Uthangarai Police Station, Uthangarai.

G.K.ILANTHIRAIYAN, J.

kv 09.09.2025