Ghous Moideen Basha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR Ghous Moideen Basha ... Petitioner Vs

1. The District Collector,

2. The District Revenue Officer,

3. The Thasildar, Thanjavur Taluk Office,

4. Padmavathi, W/o. Saminathan, No. 361, Vellalar Street, Keelakabisthalam, Pabanasam Taluk, Thanjavur District..

5. Narasimman, S/o. Ramasamy, No. 238/71, 3rd Street, South Colony, Natarajapuram, Medical College,Thanjavur..

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6. Senthil Kumar, S/o. Durai Balasundaram, No. 2/3, Periya Nagar 4th Street, ... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 17.07.2023.

For Petitioner : Mr.P.Bhaskar, For Respondents : Mr.D.Gandhiraj Special Government Pleader Mr.T.Cibi Chakraborthy for R4&R5 Mr.S.Srinivasa Raghavan for R6

ORDER

The writ petition has been filed to direct the respondents 2 and 3 to consider the petitioner's representation dated 17.07.2023.

2. It is the grievance of the petitioner that patta proceedings have been changed without notice to the petitioner. According to him, the petitioner is in possession of the property. Therefore, he has given a representation to the respondent. Since the same has not been considered so far, he is before this Court.

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3. I have considered the rival submissions and perused the materials available on record.

4. From the representation of the petitioner, it would indicate that there are several transactions already taken place in the subject property and document has been registered. Without challenging the registered document, now the petitioner wants to revive the patta proceedings. Hence, this Court is of the view that as long as the document has not been challenged in the manner known to law, mere direction to the 2nd respondent to consider the patta proceedings will not serve any purpose. It is for the petitioner to approach the competent civil Court to cancel the same.

5. The writ petition is disposed of with the above direction. No costs.

19.09.2024 RR 3/5

TO

1. The District Collector,

2. The District Revenue Officer,

3. The Thasildar, Thanjavur Taluk Office, 4/5

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.22062 of 2023 Date : 19/09/2024 5/5