Seenivasan Gurusamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P(MD)No.24068 of 2024 Seenivasan Gurusamy Power of Attorney Holder of Lakshmi Suresh ... Petitioner Vs.

1.The District Revenue Officer, Collectorate Campus, Dindigul District.

2.The Revenue Divisional Officer, Kodaikkanal, Dindigul District.

3.The Tahsildar, Taluk Office, Kodaikkanal, Dindigul District.

4.A.Soranchen

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Cerrtiorarified Mandamus, directing the respondents 1 and 2 not to cancel patta No.2756 standing in the name of the petitioner in respect of 1/5

the properties comprised in Survey No.923/1, to an extent of 0.3.50 Hectares, Survey No.923/2 an extent of 0.27.00 Hectares, Survey No.932/3 an extent of 0.34.00 Hectares, Survey No.932/5 an extent of 0.66.00 Hectares, Survey No. 946/1 an extent of 2.94.00 Hectares, and in total an extent of 4.24.50 Hectares in patta No.2756 situated at Mannavanur Village, Kodaikkanal Taluk, Dindigul District, pending disposal of the suit in O.S.No.87 of 2023 on the file of the District Munsif Court, Kodaikkanal, Dindigul District. For Petitioner : Mr.R.Murugan For R1 to R3 : Mr.A.Kannan Additional Government Pleader

O R D E R

The writ petition is filed for writ of Mandamus restraining the respondents 1 and 2 from cancelling the patta in Patta No.2756 standing in the name of the petitioner in respect of the properties comprised in Survey Nos. 923/1, 923/2, 932/3, 932/5, 946/1 to an extent of 0.3.50 Hectares, 0.27.00 Hectares, 0.34.00 Hectares, 0.66.00 Hectares, 2.94.00 Hectares, respectively and in total an extent of 4.24.50 Hectares at Mannavanur Village, Kodaikkanal Taluk, Dindigul District, pending disposal of the suit in O.S.No.87 of 2023 on the file of the District Munsif Court, Kodaikkanal, Dindigul District. 2/5

2. The learned Additional Government Pleader for the respondents 1 to 3 submitted that the petitioner's patta was cancelled vide proceedings of the Revenue Divisional Officer, Kodaikkanal in Na.Ka.No.1434/2024/A1, dated 23.10.2024. The learned Additional Government pleader therefore submitted that in view of the fact that the petitioner's patta was already cancelled, nothing survives for further adjudication in the writ petition.

3. The learned counsel for the petitioner submitted that the impugned order was not served on the petitioner and the same is not disputed by the learned Additional Government Pleader. The learned Additional Government Pleader undertakes to give a copy of the impugned order to the petitioner.

4. In view of the above, the writ petition stands disposed of with liberty to the petitioner to challenge the patta cancellation order, if so advised. No costs. Consequently, connected miscellaneous petition is closed. 28.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Revenue Officer, Collectorate Campus, Dindigul District.

2.The Revenue Divisional Officer, Kodaikkanal, Dindigul District.

3.The Tahsildar, Taluk Office, Kodaikkanal, Dindigul District.

4/5

N.MALA, J.

SN 28.11.2024 5/5