Disposed

Radha Lakshmi v. The District Collector

Madras HC11 Jan 2023WP/757/2023

Case brief

AI extract

What is this about?

Petitioner challenged a patta issued in the name of a third party. Court held that under Section 12 of the Patta Passbook Act, the matter must be decided by the Revenue Divisional Officer after hearing both parties. Petition disposed of with a direction to hold a hearing and decide within eight weeks.

What did the court decide?

Direction to the 2nd respondent to consider the appeal on merits after hearing both parties and pass orders within eight weeks.

Radha Lakshmi Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.No.757 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.01.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.757 of 2023

Radha Lakshmi

…. Petitioner

-Vs-

1.The District Collector Ariyalur, Ariyalur District.

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2.The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

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3.The Tahsildar Jayakondam Ariyalur District.

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4.Ennasi

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…. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2^nd respondent to hold an enquiry on the petitioner's representation dated 25.03.2022 and cancel the bogus patta stands in the name of Ennasi in respect of the Patta No.738 in Survey No.71/11 Pichanur Village, Udayarpalayam Taluk, Ariyalur District.

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For Petitioner : Mr.M.Muthukrishnan For Respondents : Mr.R.P.Muruganraja Government Advocate – for RR 1 to 4 Notice dispensed with - R5

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O R D E R

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1 / 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.757 of 2023

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The prayer sought for herein is for a Writ of Mandamus directing the 2^nd respondent to hold an enquiry on the petitioner's representation dated 25.03.2022 and cancel the bogus patta stands in the name of Ennasi in respect of the Patta No.738 in Survey No.71/11 Pichanur Village, Udayarpalayam Taluk, Ariyalur District.

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In respect of the property in Survey No.71/11, Pichanur Village, Udayarpalayam Taluk, Ariyalur District, it is the claim of the petitioner that it was purchased by the petitioner's husband long years back and the petitioner's husband died in 1997 and thereafter, the petitioner inherited the property. When that being so, the petitioner recently came to know that in respect of the same property, patta has been issued in the name of the 5^th respondent. Hence, in order to cancel the patta, the petitioner has preferred an appeal before the 2^nd respondent Revenue Divisional Officer on 25.03.2022 and in order to consider the same and to pass orders, the petitioner has moved the present writ petition.

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Heard Mr.M.Muthukrishnan, learned counsel for the petitioner and Mr.R.P.Muruganraja learned Government Advocate appearing for the respondents 1 to 4. In view of the order that is going to be passed in this writ petition, notice to the 5^th respondent is hereby dispensed with.

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Since it is an appeal against the order of patta issued by the Tahsildar

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2 / 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.757 of 2023

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concerned within the meaning of Section 12 of the Patta Passbook Act made before the 2^nd respondent / Revenue Divisional Officer, this Court is of the view that the same can be decided by the 2^nd respondent after giving an opportunity of hearing to the petitioner as well as the 5^th respondent.

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In that view of the matter, this Court is inclined to dispose of this writ

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petition with the following order.

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“That there shall be a direction to the 2^nd respondent / Revenue Divisional Officer to consider the appeal submitted by the petitioner on 25.03.2022 on merits and in accordance with law after giving an opportunity of hearing to both the petitioner and the 5^th respondent and pass orders within a period of eight weeks from the date of receipt of a copy of this order.”

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With the above direction, this writ petition is disposed of. No costs.

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11.01.2023

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Index : Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order KST

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R. SURESH KUMAR, J.

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KST

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3 / 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.757 of 2023

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1.The District Collector Ariyalur, Ariyalur District.

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2.The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

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3.The Tahsildar Jayakondam, Ariyalur District.

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W.P.No. 757 of 2023

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11.01.2023

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4 / 4

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https://www.mhc.tn.gov.in/judis

Radha Lakshmi v. The District Collector

Case brief

What is this about?

What did the court decide?

Radha Lakshmi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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