Dr.U.Shoban Kumar Vs the Tahsildar

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1^st respondent to issue a notice of appearance to the petitioner and conduct a hearing with

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

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W.P.No.29402 of 2025

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respect to the Representation dated 20.07.2023 sent by the 4^th respondent requesting to cancel the Patta granted in favour of the petitioner in the subject land admeasuring 9,619 Sq.ft in S.No.31 (Presently T.S.No.85/2) Block No.2, Puliyur Village, Egmore/Nungambakkam Taluk, Kodambakkam SRO, Chennai Central District as directed by the 3^rd respondent in the Letter bearing Na.Ka.A2/8269/2023 dated 15.12.2023.

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For Petitioner : Mr.Simran Srinivasan For Respondents – 1 to 3: Mr.P.Sathish, Additional Government Pleader

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ORDER

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

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up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass in this writ petition, notice to the 4 th respondent is dispensed with.

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The relief sought in this writ petition is to direct the 1^st respondent to issue a notice of appearance to the petitioner and conduct a hearing with respect to the Representation dated 20.07.2023 sent by the 4^th respondent requesting to cancel the Patta granted in favour of the petitioner in respect of the land measuring an extent of 9,619 Sq.ft comprised in S.No.31 (Presently T.S.No.85/2) Block No.2 of Puliyur Village, Egmore/Nungambakkam Taluk, Kodambakkam SRO, Chennai Central District (hereinafter referred

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W.P.No.29402 of 2025

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to as “subject property”) as directed by the 3^rd respondent in the Letter bearing Na.Ka.A2/8269/2023 dated 15.12.2023.

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At the outset, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that 4^th respondent had submitted a Representation dated 20.07.2023 before the 2^nd respondent, requesting to cancel the Patta granted in favour of the petitioner in respect of the subject property. Thereafter, the said Representation was forwarded to 3^rd respondent.

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3.1. The learned Additional Government Pleader for the respondents 1 to 3 further submitted that 3^rd respondent vide Communication dated 15.12.2023, forwarded the aforesaid Representation dated 20.07.2023 to 1^st respondent and requested the 1^st respondent to conduct an enquiry on the said Representation and submit a report.

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3.2. As such, the learned Additional Government Pleader for the respondents 1 to 3 submitted that the 3^rd respondent would be an appropriate authority to consider the 4^th respondent's Representation. Therefore, he submitted that the 3^rd respondent would consider the Representation dated 3/7

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W.P.No.29402 of 2025

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20.07.2023 submitted by the 4^th respondent and pass appropriate orders, within a time frame to be fixed by this Court.

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The above submissions made by the learned Additional

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Government Pleader for the respondents 1 to 3 has been fairly conceded by the learned counsel for the petitioner.

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In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions:

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(i) The 3^rd respondent shall consider the 4^th respondent's

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Representation dated 20.07.2023, in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 4^th respondent and all other interested parties including rival claimants, if any.

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(ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the Authority. The 3^rd respondent shall independently consider the facts and law set out in the petitioner's Representation and pass appropriate orders, in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu

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W.P.No.29402 of 2025

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Patta Pass Book Rules, 1987.

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(iii) The 3^rd respondent shall dispose of the 4^th respondent's Representation dated 20.07.2023, within a period of sixteen weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order.

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(iv) 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 3 rd respondent to consider the matter on its own merits and in accordance with law. R ights and contentions of the petitioner and all other interested parties are left open. No costs. Consequently, connected Miscellaneous Petition is closed.

12.08.2025

mrr

Index : Yes/No

Speaking Order (or) Non-Speaking Order

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To

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