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Madras High CourtWP(MD)/3642/2025allowed

Shahul Hameed v. The Revenue Divisional Officer

2025-02-10Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Shahul Hameed ... Petitioner Vs.

1.The Revenue Divisional Officer, Nagercoil.

2.Fakrudeen 3.Rejina 4.Mohamed Abdul Azeez 5.Mujardeen 6.Janab Maskalam 7.Hassan Basheer 8.Sheik Sindha Madhar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to conduct enquiry and cancel the patta issued in Survey No.578/20A and restore the same to its original position based on the representation of the petitioner dated 02.09.2024 and 24.01.2025.

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For Petitioner : Mr.A.S.Abul Kalaam Azad for M/s.Spicy law firm For R1 : Mr.C.Satheesh Government Advocate

ORDER

The petitioner is son of Abdul Hameed, who is son of Sheik Mohamed. The respondents 2 to 8 are grand-children of said Sheik Mohamed through another son, namely, brother of the petitioner's father, Shake Meeran Mohaideen. According to the petitioner by producing forged and fraudulent documents, the respondent 2 and 8 have obtained patta in their name, which is sought to be cancelled by the petitioner. In respect of above, the petitioner had given representations dated 02.09.2024 and 24.01.2025 to the first respondent to conduct enquiry and consequently, to cancel the patta issued in favour of the respondents 2 to 8 and also, restore the patta to its original position, namely, petitioner's grand-father, Sheik Mohamed.

2. Since the petitioner only seeks direction to the first respondent to conclude the enquiry based on his application for cancellation of patta, this Writ 2/4

Petition is allowed and the first respondent is directed to hear the petitioner as well as the respondents 2 to 8 and thereafter, pass orders on the petitioner's application for cancel of patta stands in the name of respondents 2 to 8, on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 10.02.2025 Rmk NCC: Yes/No Index : Yes / No To The Revenue Divisional Officer, Nagercoil.

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P.B.BALAJI , J.

Rmk 10.02.2025 4/4