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Madras High CourtWP(MD)/730/2025disposed of

Basheer Ahamed v. The Revenue Divisional Officer

2025-01-10Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM

THE HON'BLE MRS. JUSTICE N.MALA Basheer Ahamed ... Petitioner Vs.

1.The Revenue Divisional Officer, Pattukottai Division, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Thanjavur District.

3.Mohamed Ashiq 4.Mohamed Rizwan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the first respondent to cancel Patta No.755 and confirm Patta No.746, already issued in the name of the petitioner by the second respondent on 02.09.2024, for the property in Survey No.155/4B1A, measuring an extent of 11 Cents, situated at Avanam Village, Peravurani Taluk, Thanjavur District, based on the petitioner's representation dated 14.10.2024, within a specific period as fixed by this Court.

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For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.R.Raghavendran Government Advocate (Civil Side)

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the first respondent to cancel Patta No.755 and confirm Patta No.746, already issued in the name of the petitioner by the second respondent on 02.09.2024, for the property in Survey No. 155/4B1A, measuring an extent of 11 Cents, situated at Avanam Village, Peravurani Taluk, Thanjavur District, based on the petitioner's representation dated 14.10.2024, within a specific period as fixed by this Court.

2. The petitioner purchased the subject land in Survey No. 155/4B1A, measuring 11 Cents, situated at Avanam Village, Peravurani Taluk, Thanjavur District, under a registered Sale Deed dated 06.05.1993, in his wife's name. The petitioner's wife executed a Gift Deed dated 05.02.2021 in favour of the petitioner. The petitioner's wife passed away on 31.05.2021. Thereafter, the petitioner applied for the transfer of patta Page No. 2 of 6

in his name on 09.08.2024 to the second respondent. Based on the petitioner's application, the patta was transferred, and an individual patta in Patta No.746 was issued in the petitioner's name on 02.09.2024.

3. Thereafter, without notice to the petitioner, the individual patta granted in favour of the petitioner was cancelled, and a joint patta in Patta No.755 was issued, including names of the petitioner's two sons, by the second respondent on 02.10.2024. The petitioner, therefore, submitted a representation dated 14.10.2024 to the first respondent, requesting to cancel the joint patta in Patta No.755 and restore the individual patta in Patta No.746, which was already issued in the name of the petitioner. As no action was taken on the petitioner's representation, the petitioner has filed this Writ Petition for the aforesaid relief.

4. It is the specific case of the petitioner that, even without notice to him, the individual patta in Patta No.746, which had already been granted in his name, was cancelled, and a joint patta in Patta No.755, including the names of the petitioner's two sons, was issued. The petitioner, aggrieved by the joint patta, made a representation to the first respondent requesting the cancellation of the joint patta and restoration of the individual patta. Page No. 3 of 6

As no action was taken on the petitioner's representation, the petitioner has approached this Court by way of this Writ Petition.

5. With the consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

6. It is seen that the petitioner's representation dated 14.10.2024 has been pending for the past 2 months without any action being initiated. Therefore, I am inclined to issue a direction to the first respondent to consider the petitioner's representation and pass appropriate orders. The first respondent shall consider the petitioner's representation dated 14.10.2024 and pass appropriate orders on merits and in accordance with the law, within a period of 12 (twelve) weeks from the date of receipt of a copy of this order. It is needless to state that the first respondent shall issue notice to all the pattadars before passing final orders.

7. Accordingly, this Writ Petition stands disposed of. No costs. 10.01.2025 Index: Yes/ No JEN Page No. 4 of 6

Copy To:

1.The Revenue Divisional Officer, Pattukottai Division, Thanjavur District.

2.The Tahsildar, Peravurani Taluk, Thanjavur District.

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N.MALA , J.

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