Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Suresh Kumar, J.
P.Jayaraman - Petitioner
Vs.
Revenue divisional Officer Tindivanam Villupuram District - Respondent
Writ Petition No.4460 of 2023
Decided On : 15-02-2023
Prayer sought for herein is for a Writ of Mandamus directing first respondent to consider petitioners representation to cancel patta wrongly issued to Respondents 4 to 6 and consequently direct Respondents 1 and 3 to issue patta in name of Petitioner and his wife as per Online Application - Held, Learned Special Government Pleader submits that said appeal filed by petitioner would be considered by 1st respondent on merits and in accordance with law of course after giving an opportunity of hearing to both petitioner as well as private respondents and orders would be passed within a time frame that may be stipulated by this Court - Considering the said submission made by learned Special Government Pleader, there shall be a direction to 1st respondent to decide appeal filed by petitioner and pass orders thereon on merits and in accordance with law of course after giving an opportunity to petitioner as well as the private respondents within a period of eight weeks from date of receipt of a copy of this order - Writ petition disposed of.
ORDER :
The prayer sought for herein is for a Writ of Mandamus directing the first respondent to consider the petitioners representation dated 24.08.2022 to cancel the patta wrongly issued to the Respondents 4 to 6 and consequently direct the Respondents 1 and 3 to issue patta in the name of the Petitioner and his wife as per the Online Application No.2021/0103/07/272877 and 2022/0103/07/275427 and Na.Ka.No. A24596.
2. In respect of the property situated at Survey Nos.173-2B1B, 173-2B2B, 173-12C, Neganoor Village, Gingee Taluk, Villupuram District, the petitioner wanted to get patta in his favour as against the patta already issued by the Tahsildar concerned in favour of the private respondents. He had also preferred an appeal before the 1st respondent on 01.06.2022 and 22.06.2022 and in order to consider the said appeal, the petitioner has moved the present writ petition.
3. Heard Mr.P.Jayaraman, who appeared as Party-in-Person and Mr.Yogesh Kannadasan learned Special Government Pleader for the official respondents. In view of the order that is going to be passed in this writ petition, notice to the private respondents is dispensed with.
4. Learned Special Government Pleader submits that the said appeal filed by the petitioner would be considered by the 1st respondent on merits and in accordance with law of course after giving an opportunity of hearing to both the petitioner as well as the private respondents and orders would be passed within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned Special Government Pleader, there shall be a direction to the 1st respondent to decide the appeal filed by the petitioner and pass orders thereon on merits and in accordance with law of course after giving an opportunity to the petitioner as well as the private respondents within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
The Court mandated timely consideration of representations related to land patta issuance, emphasizing due process.
The court emphasized the need for a timely enquiry into property ownership disputes while ensuring all parties have the right to be heard.
The court mandates procedural fairness in administrative decisions affecting property rights, emphasizing the need for notice and inquiry before resolving conflicting claims.
Writ court remands disputed patta issuance factual issues to revenue authorities for hearing, avoiding writ jurisdiction over facts.
The court mandates the consideration of representations regarding property ownership in a Writ of Mandamus, emphasizing fair opportunity for affected parties.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
