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Madras High CourtWP(MD)/16413/2018disposed of

P.Balakrishnan @ Nadarajan v. The District Collector,

2025-04-15Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.16413 of 2018 P.Balakrishnan @ Nadarajan ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar Sivagangai Taluk, Sivagangai District.

3. Arumuga Perumal Mari @ Mari.

4. The Revenue Divisional Officer, Sivagangai, Sivagangai District.

(R4 is impleaded vide Court order dated 10.12.2020 made in WMP(MD).15528/2018) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation given by the petitioner dated 17.10.2016 and 18.07.2018 given to cancel the patta issued infavor of the 3rd respondent and direct the 2nd respondent to restore the position of joint patta including the name of the petitioner in respect of property bearing S.No.97/2 and S.No. 1/5

97/4 situated in Pacheri Village, Vembathur group, Sivagangai Taluk, Sivagangai District.

For Petitioner : Mrs.S.Sherlin Sheeba for Mr.K.Samidurai For Respondents : Mr.M.Lingadurai Special Government Pleader for R1&2 : Mr.G.Dhanalakshmi for R3

ORDER

The petitioner seeks issuance of writ of mandamus, to direct the second respondent to consider and dispose of the representation dated 17.10.2016 and 18.07.2018, seeking cancellation of patta issued in the name of the third respondent and to consequently direct to restore the possession of the joint patta including the petitioner's name in respect of property comprised in S.No.97/2 and S.No.97/4 situated in Pacheri Village, Vembathur group, Sivagangai Taluk, Sivagangai District.

2. I have heard the learned counsel on either side. 2/5

3. Considering the limited relief sought for by the petitioner and the fact that the petitioner's representation for cancellation of patta is pending with the second respondent, the writ petition is disposed of, directing the competent authority being the fourth respondent. This Court directs the fourth respondent to consider the petitioner's representations dated 17.10.2016 as well as 18.07.2018, given liberty of personal hearing of the petitioner as well as the third respondent and conduct due enquiry and pass final orders on the petitioner's application for cancellation of patta. The said exercise shall be carried out in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. This Writ Petition is dispose of. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 15.04.2025 LS 3/5

To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar Sivagangai Taluk, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4/5

P.B. BALAJI , J.

LS Order made in Dated:

15.04.2025 5/5