Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ganesan ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur Revenue Divisional Office, Thoothukudi District.

3.The Tahsildar, Eral Taluk Office, Eral, Thoothukudi District.

4.Krishnan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 3 to cancel the patta in patta No.4084 in Survey no.824/1B1C situated at Arumugamangalam Village, Eral Taluk, Thoothukudi District, currently standing in the name of the 4th respondent by considering the petitioner's representation dated 21.11.2022.

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For petitioner : Mr.S.Mandhiralingeswaran For Respondent : Mr.GV.Vairam Santhosh, Nos. 1 & 2 Additional Government Pleader

ORDER

The case of the petitioner is that the land in S.No.824/IB1C belongs to his father, namely Thiruvadi Nadar, who had two sons, the petitioner and his brother, whose name is also Thiruvadi Nadar. Taking advantage of the similarity in the name, the sons of his brother have obtained patta fraudulently and have created documents. In this regard the petitioner has submitted a representation to the 2nd respondent / the Revenue Divisional Officer and also filed this writ petition for a direction to the 2nd respondent to cancel the patta obtained fraudulently. 2.When the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submits that the petitioner's representation is being considered and the 2nd respondent has initiated enquiry.

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3.The learned Counsel appearing for the 4th respondent submits that the 4th respondent is the subsequent purchaser. 4.Considering the submission of the learned Additional Government Pleader that based on the petitioner's representation an enquiry has been initiated, this Court directs the 2nd respondent to conclude the said enquiry and pass necessary orders after affording opportunity of hearing to the interested parties within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of in the above terms. No costs.

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To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Tiruchendur Revenue Divisional Office, Thoothukudi District.

3.The Tahsildar, Eral Taluk Office, Eral, Thoothukudi District.

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B.PUGALENDHI, J.

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