R.Gurunathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI R.Gurunathan ... Petitioner vs.

1.The District Collector, O/o.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Kovilpatty, Thoothukudi District.

3.The Tahsildar, O/o.The Tahsildar, Ettaypuram Taluk, Thoothukudi District 4.Deepak Balaji 5.Selva Vignesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent to delete the name of the 4th and 5th respondent in the Patta issued by the 3rd Respondent in the property situated in S.No.312/15 (Patta No.379) of Erachi Village, Ettayapuram Taluk, Thoothukudi District based on my representation, dated 11.04.2025 within the time limit that may be stipulated by this Court.

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For Petitioner :Mr.A.S.Vaigunth For R1 to R3 :Mr.M.Lingadurai Special Government Pleader For R4 and R5 :Mr.M.Thangaprakash *****

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to delete the name of the fourth and fifth respondents in the patta issued by the third respondent based on the representation of the petitioner, dated 11.04.2025. 2.Heard Mr.A.S.Vaigunth, learned Counsel appearing on behalf of the petitioner, Mr.M.Lingadurai, learned Special Government Pleader on behalf of the respondents 1 to 3 and Mr.M.Thangaprakash, learned Counsel appearing on behalf of the respondents 4 and 5. By consent of both parties, considering the limited relief sought for by the petitioner, this Writ Petition is taken up for final disposal at the admission stage. 3.Considering the fact that the request of the petitioner is in the nature of an appeal under the provisions of the Patta Passbook Act, the second respondent will be the competent authority to pass orders on the 2/4

petitioner's representation dated 11.04.2025. It is needless to state that the second respondent necessarily shall have to conduct an enquiry after giving fair opportunity not only to the petitioner, but also to the respondents 4 and 5 before passing final orders on merits in accordance with law. The said exercise shall be carried out within a period of sixteen weeks from the date of receipt of a copy of this order. 4.The Writ Petition is disposed of accordingly. No costs. Index :Yes / No 29.04.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The District Collector, O/o.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Kovilpatty, Thoothukudi District.

3.The Tahsildar, O/o.The Tahsildar, Ettaypuram Taluk, Thoothukudi District 3/4

P.B.BALAJI, J.

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