Allowed

Ragupathy v. The Tahsildar

Madras HC7 Nov 2024WP/10264/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking quashing of an order that wrongly cancelled a Patta in the petitioner's father's name due to a clerical error showing the deceased uncle's name. The court set aside the impugned order and remanded the matter for restoration to the father's name.

What did the court decide?

The impugned order set aside and matter remitted. Respondents directed to revert the entry to Balaramapillai. Petitioner granted 3 weeks to apply; respondents to transfer Patta within 8 weeks of appli

Ragupathy Vs The Tahsildar — Property and Title | Madras HC (2024)

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W.P.No.10264 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.11.2024

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CORAM:

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THE HONOURABLE Ms. JUSTICE P.T.ASHA

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W.P.No.10264 of 2023 and

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W.M.P.Nos.10255 and 10256 of 2023

Ragupathy

... Petitioner

Vs.

1.The Tahsildar Thiruvallur Taluk, Thiruvallur District.

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2.The Zonal Deputy Tahsildar Thiruvallur Taluk, Thiruvallur District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 22.11.2018 vide T.R.No.2018/0103/01/121348TR and Patta No.3356 issued by the 2^nd respondent and quash the same as illegal and unconstitutional and consequently direct the respondents to restore the Patta in Patta No.430 stands in the name of the petitioner's father namely Balaraman which relates to the property measuring to an extent of Ac.02.86 cents comprised

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W.P.No.10264 of 2023

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in S.Nos.232, 233/6A, 233/7 situated at Mappedu Village, Thiruvallur Taluk, Thiruvallur District.

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For Petitioner : Mr.A.V.Raja For Respondents : Mr.G.Velu Additional Government Pleader

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ORDER

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This Writ Petition is filed for a Certiorarified Mandamus to call for

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the records relating to the impugned order dated 22.11.2018 vide T.R.No.2018/0103/01/121348TR and Patta No.3356 issued by the 2^nd respondent and quash the same as illegal and unconstitutional and consequently direct the respondents to restore the Patta in Patta No.430 stands in the name of the petitioner's father namely Balaraman which relates to the property measuring to an extent of Ac.02.86 cents comprised in S.Nos.232, 233/6A, 233/7 situated at Mappedu Village, Thiruvallur Taluk, Thiruvallur District.

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On perusal of the writ petition and the facts set out therein and on perusal of the appended documents, the impugned order is set aside and the matter is remitted back in the light of the fact that the person who is shown as applicant namely Duraisamy Pillai who is stated to have been

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W.P.No.10264 of 2023

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filed the application for change of patta on 13.11.2018, is the paternal uncle of the petitioner who had died as early as on 19.09.1984. Therefore, the respondents are directed to revert the entry back in the name of Balaramapillai, the father of the petitioner.

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It is open to the petitioner and the siblings to make application to the respondents within three weeks from the date of receipt of a copy of this order and on receipt of application from the petitioner, the respondents are directed to transfer the patta as sought for by the petitioner within a period of eight weeks from the date of receipt of application from the petitioner. This Writ Petition is allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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07.11.2024

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ssn

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W.P.No.10264 of 2023

P.T.ASHA, J.,

ssn

1.The Tahsildar Thiruvallur Taluk, Thiruvallur District.

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2.The Zonal Deputy Tahsildar Thiruvallur Taluk, Thiruvallur District.

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W.P.No.10264 of 2023 and W.M.P.Nos.10255 and 10256 of 2023

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07.11.2024

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Ragupathy v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Ragupathy v. The Tahsildar

Case brief

What is this about?

What did the court decide?

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