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2024 Supreme(Online)(MAD) 14921

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
R.Najumunnisa – Appellant
Versus
THE SECRETARY – Respondent


ORDER

Heard both sides.

2.The petition mentioned land was originally assigned in favour of one Singha. The petitioner's husband purchased the property from the said assignee vide sale deed dated 04.02.1967. Subsequently, patta was also issued in favour of the petitioner's husband. The petitioner's husband subsequently died. The petitioner's grievance is that patta has been cancelled and the land has been classified as "Assessed waste dry".

Challenging the same, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that sale in favour of the petitioner's husband took place without getting prior permission from the Revenue Divisional Officer and that is why the cancellation was done. He also stated that whereabouts of the petitioner could not be located and paper publication was also made.

4.It is not in dispute that patta was issued in favour of the petitioner's husband. The Hon'ble Division Bench in a decision reported in (2010) 5 LW 289 (C.Tirumalai Gounder Vs The State of Tamil Nadu) had held that if mutation of patta had been made, the fact that Revenue Divisional Officer's permission was not origi

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