Velsamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Velsamy ... Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3.Amirthavalli 4.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to cancel the wrong patta No.3 in Old Survey No.197/1 and New Survey No.359, to petitioner's property and issue patta in favour of him based on petitioner Registered Sale Deed Document No.2515 of 1964 on 29.09.1964 in A.Nedunkulam Village, Kadaladi Taluk, Ramanathapuram District by considering petitioner's application dated 07.02.2025. 1/6

For Petitioner : Ms.N.Vijayalakshmi For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R1 & R2

O R D E R

The petitioner seeks a direction to the first respondent to cancel the patta issued in the name of respondents 3 and 4 and issuance of fresh patta in the name of the petitioner in respect of Old Survey No.197/1 and New Survey No.359/1, by considering the petitioner's representation dated 07.02.2025.

2. Heard the arguments of the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 and 2. In view of the order proposed to be passed in this Writ Petition, which would not cause any prejudice to the respondents 3 and 4, notice to them is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3. It is the case of the petitioner that the petitioner purchased the above mentioned property under a registered sale deed in the year 1964. The petitioner permitted the third respondent to reside in the subject property by putting up a hut. Taking advantage of the same, the respondents 3 and 4 fraudulently obtained patta in their name in Patta No.3. Therefore, he submitted a representation before the first respondent on 07.02.2025 seeking cancellation of the patta issued in the name of respondents 3 and 4 and issuance of exclusive patta in the name of the petitioner. The said representation has not been considered so far. Hence, the petitioner has come before this Court by way of the instant Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the first respondent already initiated an enquiry based on the representation submitted by the petitioner and the date of hearing is fixed at 10.06.2025.

5. In view of the submission made by the learned Additional Government Pleader, the first respondent is directed to complete the 3/6

enquiry and pass final orders on its own merits, within a period of eight weeks from the date of receipt of a copy of this order, after issuing necessary notice to the petitioner and the respondents 3 and 4.

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

03.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

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S.SOUNTHAR, J.

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