Madras High CourtWP(MD)/7945/2025disposed of

C.Duraisamy v. The Tahsildar

2025-03-24Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI C.Duraisamy : Petitioner Vs.

1.The Tahsildar, Singampunari Taluk, Sivagangai District.

2.The Surveyor, Singampunari Taluk, Sivagangai District.

3.C.Chinnaiah 4.Lakshmi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to cancel the fraudulently obtained Patta No.2380 and restore the rightful ownership in the revenue records on the basis of the petitioner's representation on 29.01.2025 in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.J.Vishnu For Respondents 1&2 : Mr.M.Lingadurai, Special Government Pleader

O R D E R

The petitioner has sought for issuance of Writ of Mandamus, to direct the respondents to survey his property and also issue patta. The petitioner claims right through his grandfather who was his original owner according to the petitioner. However, patta has been issued in the name of the respondents 3 and 4 and therefore, the petitioner has given a representation on 29.01.2025 for cancellation of patta and also carrying out survey. The patta has been issued by the first respondent Tahsildar and therefore, the cancellation application would not lie before him, but before the Revenue Divisional Officer concerned.

2.In view of the above, the petitioner is given liberty to approach the Revenue Divisional Officer, Sivagangai, within a period of two [2] weeks from the date of receipt of a copy of this order and make an application for cancellation of patta issued in favour of the respondents 3 and 4. On receipt of any such application from the petitioner, the Revenue Divisional Officer, Sivagangai shall conduct an enquiry and afford an opportunity to the petitioner as well as the 2/5

respondents 3 and 4 and pass final orders on the petitioner's application for cancellation of patta within a period of twelve [12] weeks thereafter. In the event of the petitioner succeeding, then it shall be open to him to seek survey.

3.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

24.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The Tahsildar, Singampunari Taluk, Sivagangai District.

2.The Surveyor, Singampunari Taluk, Sivagangai District.

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P.B.BALAJI.

, J.

MR 24.03.2025 5/5