Allowed

Bhagath Singh v. The Tahsildar

Madras HC2 Apr 2025WP(MD)/8929/2025

Case brief

AI extract

What is this about?

The Madurai Bench directed the Tahsildar to dispose of the petitioner's cancellation application under the Patta Pass Book Act. The Court held that an appeal under Section 12 before the Revenue Divisional Officer is the proper remedy, dismissing the writ petition in favor of that alternative statutory route.

What did the court decide?

Writ petition disposed of; liberty granted to file appeal before Revenue Divisional Officer within two weeks.

Bhagath Singh Vs The Tahsildar — Property and Title | Madras HC (2025)

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W.P.(MD)No.8929 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.04.2025

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CORAM

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.8929 of 2025

Bhagath Singh

: Petitioner

Vs.

1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

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2.Ravichandran : Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Mandamus, directing the first respondent to dispose the petitioner's application dated 26.02.2025 by following the provisions of Patta Passbook Act by conducting due enquiry within the time frame.

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For Petitioner : Mr.D.Venkatesh

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For Respondent No.1 : Mrs.S.Jeyapriya

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Government Advocate

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

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W.P.(MD)No.8929 of 2025

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O R D E R

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The petitioner has sought for issuance of a Writ of Mandamus, to direct the first respondent to dispose of the petitioner's application dated 26.02.2025, by following the provisions of the Patta Pass Book Act.

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2. In and by the said application, the petitioner has sought to cancel the patta issued to the second respondent. The said representation is dated 26.02.2025.

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3. I have heard the learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the first respondent.

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4. The provisions of the Patta Pass Book Act for cancellation of patta issued by the Tahsildar are found in Sections 12 and 13. Section 12 enables any aggrieved person by an order made by the Tahsildar, to prefer an appeal to the Revenue Divisional Officer, which shall be final subject to the provision of Section 13 namely, revisional power conferred on the District Revenue Officer. In the present case, the petitioner seeks cancellation of patta issued to the second respondent. Therefore, the remedy open to the petitioner is

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

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W.P.(MD)No.8929 of 2025

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not to seek modification of entry in the patta pass book under Section 10, but to prefer an appeal under Section 12 before the Revenue Divisional Officer.

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5. In view of the above, the Writ Petition is disposed of, with liberty to the petitioner to file an appeal before the Revenue Divisional Officer, Nanguneri Taluk, within a period of two [2] weeks from the date of receipt of a copy of this order and on such appeal being preferred, the Revenue Divisional Officer shall conduct due enquiry, after hearing the petitioner as well as the second respondent and pass final orders, thereafter within a period of twelve [12] weeks. There shall be no order as to costs.

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02.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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

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W.P.(MD)No.8929 of 2025

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The Tahsildar, Nanguneri Taluk, Tirunelveli District.

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

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W.P.(MD)No.8929 of 2025

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P.B.BALAJI., J.

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W.P.(MD)No.8929 of 2025

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02.04.2025

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

Bhagath Singh v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Bhagath Singh v. The Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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