IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Nagamma – Appellant
Versus
The District Collector Krishnagiri District – Respondent
Writ Petition
| Table of Content |
|---|
| 1. petition for patta cancellation amid civil suit. (Para 1 , 2 , 3) |
| 2. accept notice, direct consideration with hearings. (Para 4 , 5) |
| 3. no merits opinion; dispose with 12-week order. (Para 6 , 7) |
Order
This writ petition has been filed to direct the official respondents to cancel the patta, which is now standing in the name of private respondents 4 to 8 for the property, morefully disclosed in the affidavit filed in support of this writ petition and thereafter, issue separate patta in the name of the petitioner.
2.Since the competent authority to adjudicate the petitioner’s representation seeking for cancellation of patta standing in the name of respondents 4 to 8 is the Revenue Divisional Officer, Hosur, this Court, by exercising its suo motu powers, impleads the Revenue Divisional Officer, Hosur as the party ninth respondent in this writ petition. Registry is directed to carry out the necessary amendment.
3.According to the petitioner, despite the pendency of the civil suit, respondents 4 to 8 have obtained patta in their favour for the property, which is the subject matter of the civil suit. Therefore, the petitioner had submitted a representation on 24.10.2024 with the official respondents seeking for cancellation of patta standing in the name of respondents 4 to 8 and for issuance of separate patta in her name. Since the same has not been considered, the petitioner has filed this writ petition.
4.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of respondents 1 to 3 and 9. Since no adverse order is being passed against respondents 4 to 8, notice to respondents 4 to 8 is dispensed with by this Court.
5.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 giving due consideration to the supporting documents produced by the petitioner and after hearing the objections of respondents 4 to 8 and any other third party whom the ninth respondent deems it fit to enquire, within a time frame to be fixed by this Court.
6.This Court is not expressing any opinion on the merits of the petitioner’s representation.
7.For the foregoing reasons, this writ petition is disposed of by directing the ninth respondent to pass final orders, on merits and in accordance with law on the petitioner's representation seeking for cancellation of patta, which is now standing in the name of private respondents 4 to 8 for the property, morefully disclosed in the affidavit filed in support of this writ petition and for issuance of separate patta in the name of the petitioner, after giving due consideration to the supporting documents produced by the petitioner and after hearing the objections of respondents 4 to 8 and any other third party whom the ninth respondent deems fit to enquire, within a period of 12 weeks thereafter. No costs.
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