Bhagath Singh v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Bhagath Singh : Petitioner Vs.

1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.Ravichandran : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Mandamus, directing the first respondent to dispose the petitioner's application dated 26.02.2025 by following the provisions of Patta Passbook Act by conducting due enquiry within the time frame.

For Petitioner : Mr.D.Venkatesh For Respondent No.1 : Mrs.S.Jeyapriya Government Advocate 1/5

O R D E R

The petitioner has sought for issuance of a Writ of Mandamus, to direct the first respondent to dispose of the petitioner's application dated 26.02.2025, by following the provisions of the Patta Pass Book Act.

2.In and by the said application, the petitioner has sought to cancel the patta issued to the second respondent. The said representation is dated 26.02.2025.

3.I have heard the learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the first respondent.

4.The provisions of the Patta Pass Book Act for cancellation of patta issued by the Tahsildar are found in Sections 12 and 13. Section 12 enables any aggrieved person by an order made by the Tahsildar, to prefer an appeal to the Revenue Divisional Officer, which shall be final subject to the provision of Section 13 namely, revisional power conferred on the District Revenue Officer. In the present case, the petitioner seeks cancellation of patta issued to the second respondent. Therefore, the remedy open to the petitioner is 2/5

not to seek modification of entry in the patta pass book under Section 10, but to prefer an appeal under Section 12 before the Revenue Divisional Officer.

5.In view of the above, the Writ Petition is disposed of, with liberty to the petitioner to file an appeal before the Revenue Divisional Officer, Nanguneri Taluk, within a period of two [2] weeks from the date of receipt of a copy of this order and on such appeal being preferred, the Revenue Divisional Officer shall conduct due enquiry, after hearing the petitioner as well as the second respondent and pass final orders, thereafter within a period of twelve [12] weeks. There shall be no order as to costs. 02.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To The Tahsildar, Nanguneri Taluk, Tirunelveli District.

4/5

P.B.BALAJI.

, J.

MR 02.04.2025 5/5