Paramasivam v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Paramasivam ... Petitioner Vs.

1.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.Dhanammal 4.Ramesh Rajaraman 5.Srirampriya 6.Ramkumar ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to cancel the patta No.11157 issued in the name of respondents 3 to 6 for

the survey No.1204/6A2A and Joint Patta No.8893 issued for the Survey No.1204/6A2B and restore the separate patta No.8893 for the land comprised in Survey No.1204/6A2 in the petitioner's name for the land admeasuring 12.90 cents situated at Krishnanpatti Village, Uthamapalayam Taluk, Theni District, on the basis of petitioner's representation dated 18.04.2025 and 28.04.2025. For Petitioner : Mr.N.Marimuthu For R1 & R2 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the first respondent to cancel the patta No.11157 issued in the name of the private respondents 3 to 6 in respect of S.No.1204/6A2A and Joint Patta No.8893 issued for S.No.1204/6A2B and restore the separate patta No.8893 in the name of the petitioner in respect of S.No.1204/6A2 situated at Krishnanpatti Village, Uthamapalayam Taluk, Theni District.

2. Heard the arguments of Mr.N.Marimuthu, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 and

2. Since no adverse order is going to be passed against the respondents 3 to 6, notice to them is dispensed with.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, his father Rengasamy purchased 12.90 cents of land in S.No.1204/6A2 under registered sale deed dated 31.05.1954 and after his death, the petitioner has been in possession and enjoyment of the same. Patta for the aforementioned property was issued in the name of the petitioner in Patta No.8893, subsequently, the names of the private respondents were included in the revenue records and the property was divided into two separate survey numbers, without notice to the petitioner. Hence, the petitioner filed an appeal before the first respondent seeking cancellation of joint patta issued in favour of the

private respondents and restoration of exclusive patta in the name of the petitioner. Since the said appeal has not been considered till date, the petitioner has come before this Court.

5. Mrs.K.Malathi, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 and 2, would submit that the appeal filed by the petitioner will be disposed of on its own merits, after hearing private respondents and other interested parties, within a time stipulated by this Court.

6. In view of the same, without expressing any opinion on the merits of the matter, this Court directs the first respondent to consider the appeal filed by the petitioner dated 18.04.2025 and pass final orders on its own merits, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as the private respondents 3 to 6.

7. Accordingly, this Writ Petition is disposed of. No costs. 11.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No Rmk To 1.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

S.SOUNTHAR ,J Rmk W.P.(MD)No.15681 of 2025 Dated: 11.06.2025