Kadhar Mohideen v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kadhar Mohideen ... Petitioner Vs.

1.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.

2.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to dispose of the appeal, dated 02.05.2025 filed by the petitioner for cancellation of patta in Patta No.826 and restore the patta No.523 in respect of the property situated in S.No.251, Kasi Reddiyapatti Village, Virudhunagar Taluk and District measuring an extent of 123.00 Acres (3 Ares and 3 cents).

For Petitioner : Mr.G.R.Sathish For Respondents : Mr.M.Gangatharan, Government Advocate.

ORDER

The petitioner herein seeks a direction to the first respondent to dispose of the appeal, 02.05.2025, seeking cancellation of patta No.826 issued in favour of one Thiruvenkadam, S/o.Chellapandi, in respect of property situated in survey No. 251 Kasi Reddiyapatti Village, Virudhunagar Taluk and restoration of patta in his name in patta No. 523. 2.Heard the arguments of Mr.G.R.Sathish, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents.

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, the subject property originally belongs to him in patta No.227 and the patta for the subject property stands in the name of his father Mohammed Ibrahim in patta No.227. After the death of petitioner's father, patta got mutated in favour of the petitioner and his

brothers in patta No.523. Later, without notice to the petitioner, the patta was transferred in favour one Thiruvenkadam. Aggrieved by the same, the petitioner submitted an appeal before the first respondent on 02.05.2025 seeking cancellation of patta issued in favour of Thiruvenkadam and restoration of the same in favour of the petitioner and his brothers. The said appeal has not been considered. Hence, the petitioner has come before this Court.

5. The learned Government Advocate appearing for the respondents would submit that the appeal pending on the file of first respondent will be disposed of in accordance with the law.

6. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the appeal of the petitioner, dated 02.05.2025 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of copy of this order, after issuing notice to petitioner and the above mentioned Thiruvenkadam.

7.With the above directions, this Writ Petition is disposed of. No costs.

08.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.

2.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

S.SOUNTHAR ,J.

das Dated: 08.07.2025