Nagarajan.N v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Nagarajan ... Petitioner Vs.

1.The Revenue Divisional Officer, Aranthangi, 2.The Tahsildar, Aranthangi Taluk, 3.The Deputy Tahsildar, Aranthangi Taluk, 4.Sathaiah ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta vide Patta No. 3393 granted in favour of fourth respondent by second respondent in respect of S.Nos. 340/2A26, 340/2B2 admeasuring 2.47 Acres situated at Sithalangudiyiruppu, Azhiyanilai Village and Post, Aranthangi Taluk, Pudukkottai District and 1/4

to restore the patta in the name of Nagappapillai @ Nagappa in the light of order passed by the first respondent in his proceedings Moo.Mu. 754/2018/A6 dated 03.01.2023 on the basis of petitioner's representation dated 09.10.2023 within the time stipulated by this Court. For Petitioner : Mr.N.Vijayalakshmi For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.N.Tamilmani for R.4

ORDER

The fourth respondent suffered an adverse order at the hands of the Revenue Divisional Officer on 03.01.2023. To overcome the lacuna pointed out in the said order, the fourth respondent purchased 88 cents from his uncle Palanichamy vide registered sale deed dated 06.02.2023 (Document No.552/2023). It appears that taking into account the registered documents, patta was issued in favour of the fourth respondent. The petitioner appears to be aggrieved by the same. The petitioner has given a representation before the first respondent. 2.The first respondent is directed to consider the petitioner's representation. The first respondent shall issue notice to the petitioner as 2/4

well as the fourth respondent. Proper enquiry shall be held. It is seen that the property originally belong to Nagappapillai, father of the petitioner and grandfather of the fourth respondent. The case of the fourth respondent is that he had purchased the respective shares from his uncles. The documents projected by both the parties will be duly taken into account before passing any final order. Such an order shall be passed by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

3.This writ petition is disposed of accordingly. There shall be no order as to costs.

12.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Revenue Divisional Officer, Aranthangi, 3/4

G.R.SWAMINATHAN,J.

MGA 2.The Tahsildar, Aranthangi Taluk, 3.The Deputy Tahsildar, Aranthangi Taluk, 12.06.2024 4/4