Selvaraju v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Selvaraju ... Petitioner /Vs./

1. The District Collector Ramanathapuram District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Paramakudi, Ramanathapuram District.

3. The Tahsildar Tahsildar Office, Muthukulathur, Ramanathapuram District.

4. Chellakannu

5. Manikandan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to cancel the Patta bearing Patta No.479 on the file of the 3rd respondent by consider the petitioner's representation dated 18.11.2024 forthwith. 1/5

For Petitioner : M.A.Uthaya Kumar For Respondents : Mr.B.Saravanan Additional Government Pleader for R1-3 : Mr.A.Karthik for R4

ORDER

The petitioner has filed the present writ petition seeking issuance of a writ of mandamus, to direct the respondents 1 and 2, to cancel the patta bearing patta No.479, based on the petitioner's representation dated 18.11.2024.

2. It is the case of the petitioner that the petitioner is one of the heirs of late Karmegam, in whose name the patta was granted. However, infact, subsequent to the death of the father of the petitioner, the revenue records were also changed in the name of the petitioner and his brother's name, viz., the fourth respondent herein, by joint patta issued by the 3rd respondent on 05.12.2018. The petitioner came to know about a settlement deed being executed by the fourth respondent in favour of the 5th respondent, based on which the patta has been issued to the 5th respondent.

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3. The petitioner challenges the said settlement deed as fraudulent and some of the brothers of the petitioner, had fraudulently created the settlement deed in favour of the fifth respondent and based on the same, patta has been obtained by the fifth respondent. The petitioner has sent a representation, seeking cancellation of the said patta issued to the fifth respondent, after conducting a proper enquiry. The petitioner only seeks disposal of the said representation, dated 18.11.2024.

4. The learned Additional Government Pleader would also submit that the Tahsildar had already conducted an enquiry and submitted a report before the Revenue Divisional Officer, after hearing all the parties concerned therefore what is left is only consequential final order to be passed by the second respondent.

5. In view of the above, this Writ Petition is allowed with a direction to the second respondent to pass orders on the petitioner's representation dated 18.11.2024, keeping in mind the report of the third respondent, dated 25.12.2024. The said exercise shall be carried out 3/5

within a period of eight (8) weeks from the date of receipt of copy of this order. There shall be no order as to costs.

Index : Yes / No 04.03.2025 NCC : Yes / No LS TO:-

1. The District Collector Ramanathapuram District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Paramakudi, Ramanathapuram District.

3. The Tahsildar Tahsildar Office, Muthukulathur, Ramanathapuram District.

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P.B. BALAJI , J.

LS Order made in Dated:

04.03.2025 5/5