T.Arumugam v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.15867 of 2025 T.Arumugam ..Petitioner Vs 1.The Revenue Divisional Officer, Trichy, Trichy District.
2.The Tahsildar, Thiruverumbur Taluk, Trichy District.
3.Banumathi 4.Selvi 5.Pushpavalli ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner's appeal dated 19.02.2025 to cancel the Patta issued in favour of the respondents 3 to 5 in respect of the petitioner's property comprised in Survey No.99 measuring to an extent of 1.63.00 Hectares situated at Sooriyur Village, Thiruverumbur Taluk, Trichy District and grant patta in favour of the petitioner. For Petitioner : Mr.T.Leninkumar For Respondents : Mr.A.Baskaran Addl. Govt. Pleader (R1 & R2) : Ms.J.Anandhavalli (R3 to R5) 1/5
ORDER
The petitioner herein seeks a direction to the first respondent to consider his appeal dated 19.02.2025 seeking cancellation of the Patta issued in favour of the respondents 3 to 5 in respect of the property comprised in Survey No.99 measuring to an extent of 1.63.00 Hectares situated at Sooriyur Village, Thiruverumbur Taluk, Trichy District and grant patta in favour of the petitioner.
2. Heard Mr.T.Leninkumar, learned counsel for the petitioner, and Mr.A.Baskaran, learned Additional Government Pleader, who took notice for the respondents 1 and 2, and Ms.J.Anandhavalli, learned counsel, who took notice for the respondents 3 to 5. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that the above-mentioned property belongs to him ancestrally. However, the respondents 1 and 2, without issuing notice to him, subdivided the said survey number and issued separate pattas to the respondents. Hence, he submitted an appeal dated 19.02.2025 before the first respondent. However, the said appeal has not been considered. Hence, he filed the present writ petition seeking the abovesaid relief. 2/5
4. Mr.A.Baksaran, learned Additional Government Pleader, who took notice for the respondents 1 and 2, would submit that the appeal submitted by the petitioner will be considered by the first respondent on its own merits within the time stipulated by this Court.
5. Ms.J.Anandhavalli, learned counsel, who took notice for the respondents 3 to 5, would submit that the first respondent has no jurisdiction to entertain the appeal as it is out of time.
6. In view of the submission of the learned Additional Government Pleader appearing for the respondents 1 and 2, without expressing any opinion on the merits of the claim made by the petitioner and the objection made by the respondents 3 to 5, the first respondent is directed to consider the appeal filed by the petitioner dated 19.02.2025 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 affording a reasonable opportunity of hearing to the petitioner and the private respondents. The respondents 3 to 5 are entitled to raise all objections including limitation.
7. With the above direction, this writ petition stands disposed of. No costs.
12.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5
To 1.The Revenue Divisional Officer, Trichy, Trichy District.
2.The Tahsildar, Thiruverumbur Taluk, Trichy District.
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S.SOUNTHAR, J.
skn Writ Petition(MD)No.15867 of 2025 12.06.2025 5/5