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Madras High CourtWP(MD)/1998/2026disposed of

S.Bogusiya v. The District Collector

2026-01-28Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER S.Bogusiya ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to dispose of the patta proceeding enquiry in Na.Ka.A1.No.6462/2023 on the file of the second respondent in connection with a property comprised in GR.S.No.365/269 measuring to an extent of 0.01.0 Ares, 2.47 Cents situated at Ward No.15, Nondi Kaatubava Lane, Vaniyan Kovil Street, Thiruppathur Town, Sivagangai District within a time stipulated by this Court.

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For Petitioner : Mr.H.Mahamed Hussain For Respondents : Mr.D.Sadiq Raja Additional Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to dispose of the patta enquiry proceedings in Na.Ka.A1.No.6462/2023, on the file of the second respondent, in respect of the property comprised in GR.S.No.365/269, measuring an extent of 0.01.0 Ares (2.47 cents), situated at Ward No.15, Nondi Kaatubava Lane, Vaniyan Kovil Street, Thiruppathur Town, Sivagangai District, within a time frame to be fixed by this Court.

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

3. The grievance of the petitioner is that the petitioner purchased the subject property from her father, S.Syed Mohammed, on 09.12.2015. A patta bearing Patta No.1419 was issued by the third respondent in the name of the petitioner on 22.02.2016. On the said land, the petitioner Page No. 2 of 6

constructed a house after obtaining subsidy under the Hon'ble Prime Minister's Scheme, upon verification of all relevant documents and inspection by the authorities.

4. In these circumstances, one Abdul Majeed, residing adjacent to the petitioner's house, obtained a forged patta in respect of the petitioner's house property to an extent of 861.11 sq.ft. He has no right, title or interest over the property. The said patta was issued by the third respondent without issuing any notice to the petitioner and without conducting any enquiry or field inspection.

5. Aggrieved by the same, the petitioner filed an appeal/representation before the second respondent on 26.07.2022 seeking cancellation of the forged patta. However, no action has been taken on the petitioner's appeal/representation till date. Therefore, the petitioner has been constrained to file the present Writ Petition.

6. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the petitioner's appeal/representation dated 26.07.2022 would be considered and Page No. 3 of 6

appropriate orders would be passed by the second respondent within a period of twelve weeks.

7. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to consider the petitioner's appeal/representation dated 26.07.2022 and pass appropriate orders on its merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The appeal/representation shall be disposed of after conducting an enquiry. The second respondent is also directed to provide a reasonable opportunity of hearing to the petitioner, the said Abdul Majeed and any other interested parties who may be affected by such decision, before passing any order. In the event of any rival claims, the parties are at liberty to pursue their remedies before the competent Civil Court. There shall be no order as to costs. [K.SURENDER, J.] 28.01.2026 JEN Index : Yes / No Page No. 4 of 6

To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

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K.SURENDER , J.

JEN 28.01.2026 Page No. 6 of 6