Case Note & Summary
The petitioner, P. Periyasamy, Managing Partner of PSG Properties, purchased punja land in S.No.1068 of Mudivaithanendal Village, Thoothukudi Taluk, under a registered sale deed (Document No.3919/2007) and was issued patta No.4867. Subsequently, the third respondent (Tahsildar) deleted S.No.1068 from patta No.4867. The petitioner discovered that respondents 4 and 5 had created forged revenue documents and conveyed the property to one Seeniyapillai on 12.04.2021, based on which patta was transferred to Seeniyapillai on 23.01.2023. Seeniyapillai then sold the property to the sixth respondent (P. Balakandavel) via Document No.324/2023. The petitioner filed a representation on 26.12.2024 seeking cancellation of patta No.7560 (issued to the sixth respondent) and restoration of patta in his name. The court, without expressing any opinion on the merits, directed the second respondent (Revenue Divisional Officer) to consider the petitioner's representation and pass appropriate orders on merits within eight weeks, after providing a hearing to all interested parties. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to Conduct Enquiry - The petitioner sought a writ of mandamus directing the Revenue Divisional Officer to conduct an enquiry regarding cancellation of patta No.7560 issued to the sixth respondent and to restore patta in the petitioner's name. The court, without going into merits, directed the second respondent to consider the petitioner's representation and pass orders on merits within eight weeks, after hearing all interested parties. (Paras 1-4)
Issue of Consideration
Whether the second respondent (Revenue Divisional Officer) should be directed to conduct an enquiry into the cancellation of patta No.7560 and restore the patta in the petitioner's name based on his representation dated 26.12.2024.
Final Decision
The court, without expressing any opinion on the merits of the case, directed the second respondent (Revenue Divisional Officer) to consider the petitioner's representation dated 26.12.2024 and pass appropriate orders on merits within eight weeks from the date of receipt of a copy of the order, after providing a hearing to the petitioner, respondents 4 to 6, and any other interested parties. The writ petition was disposed of.
Law Points
- Writ of Mandamus
- Article 226
- Patta cancellation
- Enquiry by Revenue Divisional Officer
- Natural justice
- Representation
