Petitioner sought quashing of a Tahsildar's order rejecting his patta claim and issuance of fresh patta. The court found the property recorded as government land with the third respondent in possession and held that disputed factual questions require declaration before a civil court.
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WP.No.13005 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.13005 of 2024 & WMP.No.14157 of 2024
S.R.M.Ramaswamy .. Petitioner
Versus
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for records Reliability to the proceeding of the second Respondent in his proceeding No. Na.Ka. Aa- 1/ 11316/ 2014 dated 07.06.2015 and quash the same consequently directing the second Respondent to issue fresh Patta in favour of the petitioner.
For Petitioner : Mr.A.Muruganandam For Respondents : Mr.P.Sathish Additional Government Pleader – R1 & R2
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ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
considered the representation of the petitioner, he filed a Writ Petition in W.P.No.24082 of 2014 and this Court by an Order dated 05.09.2014 directed https://www.mhc.tn.gov.in/judis
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the second respondent to consider the representation of the petitioner and pass Order on its own merits. However, the second respondent issued patta in favour of the third respondent. On the basis of the patta, the third respondent is trying to encroach upon the property of the petitioner. In this regard a criminal case is also pending. Thereafter, the petitioner has given a fresh representation to the second respondent 29.06.2023 for issuance of the patta in favour of the petitioner. However, the same has not been considered till date. Hence, the present Writ petition.
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approaching the Civil Court. Hence, I do not find any merits in this Writ Petition.
Consequently, connected miscellaneous petition is closed.
06.06.2024
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Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
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N. SATHISH KUMAR, J.
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W.P.No.13005 of 2024
06.06.2024
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1 issue framed by the court
Whether disputed questions of title over a patta issued to a third party can be decided in a writ petition under Article 226.
S.R.M.Ramaswamy
The Revenue Divisional Officer, Udayarpalayam, Ariyalur District
The Tahsildar, Yayankondam, Ariyalur District
Mariyappan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
