Madras High CourtWP(MD)/10055/2025disposed of

Subramanian v. The Revenue Divisional Officer

2025-04-16Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2025

CORAM

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

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani Taluk, Dindigul District.

2.Selvaraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 10.03.2025 for cancelling the Patta No.374, in survey No.603/46, Pushpathur Village, Vayalur, Palani Taluk, Dindigul District and issue new patta in favour of the petitioner, within a period stipulated by this Court. For Petitioner : Mr.T.Ramasamy For Respondent No.1 : Mr.M.Lingadurai Special Government Pleader 1/5

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 10.03.2025, for cancelling the Patta No.374, issued to the second respondent and to consequently issue patta in the name of the petitioner.

2.Heard the learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the first respondent.

3.Learned Counsel for the petitioner submits that the petitioner has made a representation seeking cancellation of patta issued to the second respondent, based on a fraudulent sale deed executed in favour of the second respondent.

4.The learned Special Government Pleader also brings to my notice that the petitioner has already approached the competent civil Court and filed O.S.No.198 of 2023, on the file of the Principal District Court, Palani, for declaration and various other reliefs. The said suit is admittedly pending.

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5.In view of the above, unless the petitioner gets his title declared by the competent Civil Court, he may not be entitled to seek for cancellation of patta, which has been issued to the second respondent based on a registered sale deed, which has been challenged in O.S.No.198 of 2023.

6.In the light of the above, the Writ Petition is disposed of, directing the Principal District Court, Palani, to expedite the disposal of O.S.No.198 of 2023, in any event conclude the trial and deliver final judgment within a period of six [6] months from the date of receipt of a copy of the order. Subject to the result of the said suit, it is open to the petitioner to renew his request for cancellation of patta.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

16.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani Taluk, Dindigul District.

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P.B.BALAJI.

, J.

MR 16.04.2025 5/5