Court directs consideration of patta cancellation and restoration after hearing parties, without prejudging merits.

Order

This writ petition has been filed to direct the second respondent to cancel the patta, standing in the name of the fourth respondent and consequently restore joint patta No.301 in respect of the property, morefully described in the prayer to this writ petition, based upon the order dated 26.09.2022 passed by the third respondent, within a time frame to be fixed by this Court.

2.The petitioner claims that illegally the fourth respondent has obtained patta in his name for the property, morefully described in the prayer to this writ petition. The petitioner seeks for cancellation of the same. The petitioner had given a representation on 12.04.2022 to the official respondents seeking for cancellation of patta, standing in the name of the fourth respondent and for restoration of joint patta No.301 in respect of the above property. Since the same has not been considered, the petitioner has filed this writ petition.

3.Mr.S.Arumugam, learned Government Advocate accepts notice on behalf of respondents 1 to 3. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with by this Court.

4.No prejudice would be caused to the official respondents if the petitioner’s representation, as stated supra, is considered, on merits and in accordance with law, after hearing the objections of the fourth respondent and any other third party whom the second respondent deems it fit to enquire, within a time frame to be fixed by this Court.

5.This Court is not expressing any opinion on the merits of the petitioner’s representation.

6.For the foregoing reasons, this writ petition is disposed of by directing the second respondent to pass final orders, on merits and in accordance with law on the petitioner’s representation dated 12.04.2022 seeking for cancellation of patta, standing in the name of the fourth respondent and for restoration of joint patta No.301 in respect of the property, morefully described in the prayer to this writ petition, after giving due consideration to the order dated 26.09.2022 passed by the third respondent recommending to cancel the patta, standing in the name of the fourth respondent and to issue joint patta for the above property and after hearing the objections of the fourth respondent and also any other third party whom the second respondent deems it fit to enquire, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.