Madras High Court
N.Loganathan vs The Tahsildar on 31 March, 2022
W.P.No.7461 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.7461 of 2022
and WMP.No.7464 and 7465 of 2022
1.N.Loganathan
2.R.padmini
3.N.Ramasamy
4.N.kalyanakumar
rep.by its Power of Attorney
Mr.R.Raja ... Petitioners
Vs.
1.The Tahsildar,
Cheyyur Taluk,
Cheyyur, Chengalpet District.
2.Regional Divisional Officer,
Maduranthakam,
Chengalpet District.
3.K.Kumaravelu ... Respondents
PRAYER: The Writ Petition filed under Section 226 of Constitution of India,
pleased to issue a Writ of Certiorarified Mandamus calling for the entire
records pertaining to the impugned proceedings dated 24.10.2020 bearing
Na.Ka. No. 718 /2020 / A2 by the 1st respondent and quash the same
consequently directing the 1st and 2nd respondents to restore the Petitioners
names in the patta bearing No. 2460 of panaiur Village.
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W.P.No.7461 of 2022
For Petitioners : Mr.G.Srivenkatesh
For Respondents : Mr.V.Veluchamy
Additional Government Pleader
ORDER
The petitioner has filed this petition for issuance of Writ of
Certiorarified Mandamus to call for the entire records pertaining to the
impugned proceedings dated 24.10.2020 bearing Na.Ka. No. 718 /2020 / A2 by
the 1st respondent and quash the same and consequently direct the respondents
1 and 2 to restore the Petitioners names in the patta bearing No. 2460 of panaiur
Village.
2. The case of the petitioner is that the property situated at Panaiur
Village, Cheyyur Taluk, comprised in New.S.F.No.205/1A25A (old
S.F.No.205/1) measuring 1.72.0 hectors was originally stands in the name of
Mr.Kumaravelu and Mr.Thiyagaraja Muthalaiyar under joint patta No.2460 and
further the petitioners were declared as the legal heirs of the said Thiyagaraja
Mudaliar, vide judgment dated 28.04.2014. Thereafter, the petitioners
approached the 1st respondent with the above said decree to mutate the revenue
records. While being so, it is alleged by the petitioner that without the
petitioners knowledge, the 3rd respondent herein approached the 1st respondent
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W.P.No.7461 of 2022
by way of application to remove the petitioners' principal name from the said
patta and the same has also been accepted by the 1st respondent and passed the
order to remove the petitioners' principals names from the said patta vide
proceedings dated 24.10.2020 and against the said order, the petitioner
preferred an appeal dated 18.08.2021 before the 2nd respondent, whereby, the
petitioner was directed to appear before the 2nd respondent on 31.08.2021 with
necessary documents to prove their principals' title and the petitioner appeared
on the same day with required documents, but till now, the order has not been
passed by the 2nd respondent. Therefore, he is constrained to approach this
Court by filing this Writ Petition.
3. The learned counsel appearing for the petitioner submitted that it
would suffice if this Court issues direction to the respondents to conclude the
enquiry proceedings within a stipulated time as fixed by this Court.
4.The learned Additional Government Pleader appearing for the
official respondents has no objection for said order being passed and he
submitted that the enquiry proceedings will be concluded within a specified
time.
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W.P.No.7461 of 2022
M.DHANDAPANI,J.
Sk
5. In view of the aforesaid submissions, this Court without expressing
any opinion on the merits of the case directs the 2 nd respondent to consider the
petitioner's appeal dated 18.08.2021 on merits and in accordance with law and
pass appropriate orders, within a period of twelve weeks from the date of
receipt of a copy of this order. This writ petition is accordingly disposed of. No
costs. Consequently connected miscellaneous petitions are closed.
31.03.2022
sk
To
1.The Tahsildar,
Cheyyur Taluk,
Cheyyur, Chengalpet District.
2.Regional Divisional Officer,
Maduranthakam,
Chengalpet District.
W.P.No.7461 of 2022
https://www.mhc.tn.gov.in/judis
