Case Note & Summary
The petitioner, Anbazhagan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of certiorarified mandamus. He challenged the order dated 09.02.2023 passed by the fourth respondent, the Tahsildar of Lalgudi Taluk, which rejected his application for cancellation of a patta that had been issued in the name of the ninth respondent, Mark. The petitioner contended that the Tahsildar had not referred to any of the documents he had relied upon and had erroneously treated a civil suit as pending when, in fact, it had been withdrawn. During the hearing, the petitioner's counsel invited the court's attention to proceedings dated 19.05.2023 from the District Registrar, Ariyalur, and argued that the impugned order was based on a non-existent ground. The Government Advocate appeared for respondents 1 to 4. The provided excerpt of the judgment ends without disclosing the court's final decision or analysis.
Issue of Consideration
Whether the Tahsildar's order dated 09.02.2023 rejecting the petitioner's application for cancellation of patta, without considering documents and in the mistaken belief that a civil suit was pending, is liable to be quashed under Article 226 of the Constitution of India.
