A.Munusamy Vs the District Collector

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondents 1 to 3 to conduct enquiry and to cancel the fraudulent obtained the patta No. 161 and 134 in respect of petitioner property in Survey No. 170 1-A and 1-B in the name of

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the 4^th respondent situated at Kozhumanivakkam, Sriperampathur Taluk, Kancheepuram District and to pass a suitable order within a stipulated time by considering the petitioner’s representation dated 29.06.2023 in accordance with law.

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For Petitioner(s): Ms.Selvi George for M/s.Majestic Law Firm

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For Respondent(s): Mr.T.K.Saravanan Additional Government Pleader For R1 to R3 Mr.K.V.Sathiamurthy For R4

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ORDER

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This writ petition has been filed seeking to direct the respondents 1 to 3 to

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conduct enquiry and to cancel the fraudulently obtained patta No. 161 and 134 in respect of petitioner property in Survey No. 170 1-A and 1-B in the name of

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the 4^th respondent situated at Kozhumanivakkam, Sriperampathur Taluk, Kancheepuram District and to pass a suitable order within a stipulated time by considering the petitioner’s representation dated 29.06.2023 in accordance with law.

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2.Learned counsel for the petitioner would submit that the petitioner is in possession of the entire property situated in Survey Nos.170 1-A, 170-1B and 170 1C, Kozhumanivakkam, Sriperampathur Taluk, Kancheepuram District. The 4^th respondent has fraudulently changed the patta in his name for the Survey No.170 1-A as Patta No.61 and Survey No.170 1-B as Patta No.134 in the

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village accounts viz., Adangal. However, as far as the encumbrance certificate is concerned, the subject property stands in the name of the petitioner as on date. Therefore, the petitioner made a representation dated 29.06.2023 to the 1^st

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respondent, requesting to conduct an enquiry in this regard and to cancel the patta which was fraudulently obtained by the 4^th respondent. Since no action has been taken by the 1^st respondent, the present writ petition has been filed.

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3.Learned counsel appearing for the 4^th respondent strongly opposed for allowing this writ petition on the ground that already a civil suit is pending for the same cause of action.

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4.Learned Additional Government Pleader appearing for the official

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respondents would submit that the petitioner may be directed to give a representation to the 3^rd respondent and the same will be considered.

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5.Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the 4^th respondent.

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6.Considering the submissions made by either parties, it is evident that according to the petitioner the 4^th respondent has fraudulently changed the patta in his name for the subject property, which belongs to the petitioner. Therefore

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the petitioner made a representation before the 1^st respondent to conduct an enquiry and cancel the Patta Nos.61 and 134, which was obtained by the 4^th respondent in respect of the property in Survey Nos. 170 1-A and 170 1-B, Kozhumanivakkam, Sriperampathur Taluk, Kancheepuram District. Subsequently, the petitioner has also filed a civil suit for permanent injunction.

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7.Such being the case, this Court is of the view that the pending civil suit is only for permanent injunction and the question of cancellation of patta can be considered only by the 3^rd respondent/Revenue Divisional Officer. Therefore, the petitioner is directed to give a representation in this regard to the 3^rd respondent within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the 3^rd respondent is directed to consider the same and pass orders on merits and in accordance with law, after issuing notice to the 4^th respondent, within a period of eight (8) weeks thereafter.

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8.With the aforesaid directions, this writ petition is disposed of. No costs.

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12-03-2026

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rst

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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