K.R.Vaidyinathan Vs The Tahsildar

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to cancel the patta bearing No.4769 dated 11.02.2019 issued by the second respondent as the same is in violation of principles of natural justice and direct the second respondent to reissue the patta in respect of the property bearing an extent of 00411 square meter comprised in SF No.521/26 situate at 30, Big Street, Thiruvkazhukundram Village, Thirukazhukundram Taluk, Kanchipuram District in faovur of the petitioner herein and consequently direct the fourth respondent to cancel the settlement deed dated 05.03.2019 executed by the fifth respondent in favour of 7^th respondent and registered as document number 858/2019 on the file of SRO, Thirukazhukundram in respect of the property bearing an extent of 00411 square meter comprised in SF No.521/26 situate at 30, Big Street, Thiruvkazhukundram Village, Thirukazhukundram Taluk, Kanchipuram District.

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For Petitioner(s): Mr.P.R.Krishnaraj

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For Respondents: Mr.V.Jeevagiridharan Additional Government Pleader for R1 to R4

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Mr.S.Rajendrakumar for R5 and R7

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Mr.Rahul Balaji for R6

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O R D E R

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This writ petition has been filed to cancel the Patta bearing No.4769

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dated 11.02.2019 issued by the second respondent and to direct the second respondent to reissue the patta in respect of the property admeasuring an

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2/5

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

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W.P.No.22632 of 2019 extent of 00411 square meter comprised in SF No.521/26 situate at 30, Big Street, Thiruvkazhukundram Village, Thirukazhukundram Taluk, Kanchipuram District in faovur of the petitioner herein and consequently direct the fourth respondent to cancel the settlement deed dated 05.03.2019 executed by the fifth respondent in favour of 7^th respondent and registered as document number 858/2019 on the file of SRO, Thirukazhukundram.

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It is the case of the petitioner that the petitioner is the owner of the property in S.F.No.521/25 and S.F.No.521/26 in Thirukazhukundram Village, Thirukazhukundram Taluk, Kanchipuram District and due to some orders obtained in O.S.No.14 of 2006 in which the petitioner is not a party and without issuing notice to the petitioner, his patta has been cancelled. Hence, the petitioner has come forward with the present writ petition to cancel the patta issued by the second respondent dated 11.02.2019 as it is not valid in law.

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This Court is of the view that the proper remedy for the petitioner is to invoke the appeal provision before District Revenue Officer. As the efficacious alternate remedy is available to the petitioner, this writ petition is not maintainable.

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Accordingly, this writ petition is dismissed and the petitioner is at liberty to file an appeal before the District Revenue Officer within a period 3/5

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

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W.P.No.22632 of 2019

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of one month from the date of receipt of a copy of this order. The District Revenue Officer shall consider the case of the petitioner on merits taking into account the civil Court decree, if any. It is also made clear that the title to the property cannot be decided in the revenue proceedings and ultimately the civil Court has to decide the title. There shall be no order as to costs.

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16.12.2025

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Index: Yes/No Neutral Citation:yes/no gpa To

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