Karunanithi Pillai K G S/O. Late Gajendra Pillai Vs Revenue Divisional Officer

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second respondent in respect of issue of Patta No.2475 to the Respondents 3 to 8 in so far as 13 Ares in Survey No.307/4 and 48 Ares in Survey No.309/5, and consequential Patta No.2476 to the eighth respondent in respect of 13 Ares in Survey No.307/4 and 28.40 Ares in Survey No.309/5 and Patta No.2477 to the fourth respondent in respect of 19.60 Ares in Survey No.309/5 is concerned and cancel the same with a direction to issue Patta to the petitioners for the property.

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For Petitioners : Mr.B.S.Jhothiraman For Respondents : For R1 and R2 : Mr.A.Selvendran Special Government Pleader

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for

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final disposal at the admission stage itself. In view of the order that this Court

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proposes to pass and also the limited relief that is sought to be granted, notice to the respondents 3 to 9 is dispensed with.

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

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W.P.No.25419 of 2025

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2. The present writ petition is filed for a writ of mandamus, to direct the second respondent in respect of issue of Patta No.2475 to Respondents 3 to 8 in so far as 13 Ares in Survey No.307/4 and 48 Ares in Survey No.309/5, and consequential Patta No.2476 to the eighth respondent in respect of 13 Ares in Survey No.307/4 and 28.40 Ares in Survey No.309/5 and Patta No.2477 to the fourth respondent in respect of 19.60 Ares in Survey No.309/5 is concerned and cancel the same with a direction to issue Patta to the petitioners for the property.

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3. Though the present writ petition has been filed with the above prayer, it was pointed by the learned Special Government Pleader for the respondents 1 and 2 that the petitioners have already availed statutory remedy by way of an appeal before the 1 st respondent and the same is stated to be pending since 05.06.2025, challenging the Patta issued in the name of the respondents 3 to 9. It is submitted that in these circumstances, this writ petition ought not to be entertained as it would permit the petitioners to avail parallel remedies.

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4. This Court finds merit in the submission of the learned Special Government Pleader for the respondents 1 and 2.

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

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W.P.No.25419 of 2025

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5. In these circumstances, this Court is inclined to direct the appellate authority to dispose the appeal if any filed by the petitioners, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, the private respondents No.3 to 9 and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 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 appellate authority to consider the matter on its own merits and in accordance with law.

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6. This writ petition, is thus, disposed of. No costs. Connected miscellaneous petitions are closed.

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15.07.2025

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(2/2)

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

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arb

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