Balasubramanian v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.21893 of 2025 Balasubramanian ... Petitioner Vs.

1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Tahsildar, Papanasam Taluk, Thanjavur District.

3.The Zonal Deputy Tahsildar, Papanasam Taluk, Thanjavur District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to dispose of the petitioners representation dated 21.12.2023, seeking cancellation of patta in Patta No.1397 in respect of Survey Nos.457E/3E and 459/5 situated at Viluthiyoor Village, Papanasam Taluk, Thanjavur District, within a time frame to be fixed by this Court.

For Petitioner : Mr.R.Ponkarthikeyan For R1 to R3 : Mrs.K.Malathi Additional Government Pleader

ORDER

The writ Petition is filed seeking a direction to the respondent to dispose of the petitioner's representation dated 21.12.2023 seeking cancellation of patta No.1397, issued in favour of the petitioner's brother Govindarajan in respect of the property situated in Survey Nos.457E/3E and 459/5 situated at Viluthiyoor Village, Papanasam Taluk, Thanjavur District.

2. Heard Mr.R.Ponkarthikeyan, counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader, for the respondents. With the consent of both the counsel, the Writ Petition is taken up for final disposal at the stage of admission.

3. According to the petitioner, the subject property is an ancestral property and after the death of the petitioner's father, patta has been wrongly issued in the name of the petitioner's brother Govindarajan,

excluding the other legal representatives. Therefore, the petitioner submitted a representation on 21.12.2023 seeking cancellation of patta issued in the name of Govindarajan and inclusion of the names of other legal representatives of the petitioner's father, including the petitioner. In response to the representation submitted by the petitioner, the third respondent issued enquiry notice and thereafter, there is no progress. Hence, the petitioner has come before this Court.

4. Learned Government Advocate who takes notice for the respondents 1 and 2 would submit that the representation submitted by the petitioner would be considered in accordance with law.

5. The petitioner seeks cancellation of patta issued in the name of his brother Govindarajan. The competent authority to consider the request of the petitioner is the first respondent. Therefore, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the representation of the petitioner dated 21.12.2023 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order, after affording reasonable

opportunity to the petitioner and his brother Govindarajan's legal representatives and the other legal heirs of the petitioner's deceased father Saminathan.

6. With the above direction, this Writ Petition is disposed of. No costs.

11.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn To 1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

2.The Tahsildar, Papanasam Taluk, Thanjavur District. 3.The Zonal Deputy Tahsildar, Papanasam Taluk, Thanjavur District.

S. SOUNTHAR , J.

pnn W.P.(MD)No.21893 of 2025 Dated: 11.08.2025