J.Janarthanan Vs the District Collector of Chennai

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the second and third respondents to consider the representation dated 20.12.2024 of the petitioner and cancel the illegal patta of the 6th respondent.

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For Petitioner(s) : Mr.V.Nandagopalan

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For Respondent(s) : Mr.A.Selvendran Special Govt. Pleader (for R1 to R3 & R5)

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Mr.R.Kishore Kumar Government Advocate (Crl. Side) (for R4)

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ORDER

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The present writ petition is filed praying for a writ of mandamus to direct the second and third respondents to consider the representation dated 20.12.2024 of the petitioner and cancel the illegal patta of the 6th respondent.

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2. It is submitted by the learned counsel for petitioner that the petitioner

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had submitted a representation to the 1 st respondent on 15.06.2024 seeking cancellation of illegal patta issued to the 6 th respondent in respect of the vacant land comprised in Survey Nos.147/3, 147/1A part, Block No.59/1, measuring an extent of 7 acres with 99.0 sq.metre.

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

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W.P. No.19140 of 2025

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2.1. It is further submitted that mutation of the revenue records by way of

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transfer of patta in favour of respondent 6 is unjustified inasmuch as the same

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was carried out during the pendency of the said suit in O.S.No.3103/2024. He would place reliance on Rule 4(4) of the Tamil Nadu Patta Passbook Act, 1983, and stated that during pendency of any dispute containing ownership, patta would not be mutated. It is thus submitted that the petitioner's representation has not been considered by the respondents till date. Aggrieved, the petitioner has filed this writ petition.

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3. On this being pointed out, Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 3 and 5, submitted that enquiry would be conducted on the representation filed by the petitioner dated 20.12.2024 after putting the petitioner and respondents 6 to 9 on notice, within the time that may be stipulated by this Court. Agreed to by the learned counsel for petitioner.

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4. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representation, conduct enquiry and complete the process within a period of 4 weeks from the date of receipt of a copy of this order after giving prior notice and reasonable opportunity of hearing

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

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W.P. No.19140 of 2025

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to the petitioner, respondents 6 to 9, and other interested parties. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

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12.06.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

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

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W.P. No.19140 of 2025

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To: