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2024 Supreme(Online)(MAD) 20660

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
K.YUVARAJA – Appellant
Versus
THE GOVERNMENT OF TAMIL NADU – Respondent


ORDER

Challenge in this writ petition is to the Order of the the 5th respondent dated 28.04.2023 made in Na.Ka.No.10626/2022/B5 whereby the 5th respondent -Tahsildar turned down the request of the petitioner to cancel the patta issued in the name the 8th respondent for an extent of 0.40.5 Hectares of land comprised in S.No.40/2, Mathiyampatti Village, Rasipuram Taluk, Namakkal District.

2. The petitioner 's request for cancellation of patta in respect of the entire land in S.No.40/2 standing in the name of the 8th respondent and for sub- division plan-marked canal and registration of the same in the name of the government was turned down by the 3rd respondent byway of impugned order on the following grounds:-

(i) the entire land measuring an extent of 0.40.5 Hectares comprised in S.No.40/2 of Mathiyampatti village has been registered in revenue accounts as ryotwari patta land in favour of the 8th respondent – K.Ammasi; (ii) the said land owner obtained a decree of permanent injunction against the defendants in the civil court restraining them from interfering with his peaceful possession and enjoyment ; and (ii) there is no disturbance caused to the plan-marked canal which runs on the

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