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2025 DAILYLAW 29329 (MAD)

M/S.KAKUMANI AUTHIKESAVULU CHETTYS CHARITIES, v. DISTRICT REVENUE OFFICER

WP/24482/2025 · 2025-07-07

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

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W.P.No.24482 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.24482 of 2025 and W.M.P.Nos.27585 & 27587 of 2025 M/s.Kakumani Authikesavulu Chetty's Charities, Represented by one of its Trustees, P.Viswambhar, Aged 57 years, No.105, Narayana Mudali Street, Chennai - 600 001. Petitioner Vs 1. District Revenue Officer, Office of the District Revenue Officer, No.62, 4 th Floor, Rajaji Salai, Beach Road, George Town, Chennai – 600 001. 2. Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ambattur Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai – 600 040. 3. Tahsildar, Office of the Aynavaram Tahsildar, 18/31, Palliarasan Street, 1/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 Aspiran Garden Colony, Kumaran Nagar, Kilpauk, Chennai – 600 010. 4.K.Sathyanarayana 5.K.C. Saraswathi 6.K.C.Dinesh Samraat 7.K.C.Sarmatha 8.G.Geetharani 9.K.Sathyadevan 10.S.Praveen Kumar 11.Kuppam Umamaheswari 12.V.Muralidhar Rao 13.V.Ajith Kumar 14.V.Ram Mohan Rao 15.C.Geetha 16.V.Venkateshwar Rao 17.V.Uma Devi 18.V.Rajkumar 19.V.Deepika 20.K.Mohideen Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to cancel the patta dated 29.08.2024 granted to the 20th Respondent and consequently, direct the 1st respondent to dispose of the revision preferred by the Petitioner bearing Na.Ka.No.J5/12684/ 2023 as expeditiously as possible. For Petitioner : Mr.A.Palaniappan For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader 2/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 4 to 20 are dispensed with. 2.The present writ petition is filed praying for a mandamus to direct the 3 rd respondent to cancel Patta dated 29.08.2024 granted to the 20 th respondent and consequently direct the 1 st respondent to dispose of the revision petition as expeditiously as possible. 3.It is submitted by the learned counsel for the petitioner that Patta in respect of S.No.348/1A part, measuring an extent of 33615 sq.ft. stood originally in the name of the petitioner. However, without considering the petitioner's contentions and the document filed in support thereof, respondent had passed the impugned order dated 02.05.2023 whereby the petitioner's name was removed from Patta and the same was transferred in the names of respondents. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 4.It is submitted that after obtaining Patta in their names, respondents 4 to 19 had effected sale of the subject property in favour of the 20 th respondent vide Sale Deed dated 07.08.2024, registered as Document No.5142 of 2024 on the file of SRO, Konnur. Learned counsel for the petitioner submitted that aggrieved by the above proceedings, petitioner preferred a revision petition before the 1 st respondent as early as in May 2023 and the revision is stated to be pending for more than 2 years. 5.Petitioner is also aggrieved by the fact that a stay petition is kept pending before the 1 st respondent. In such circumstances, the writ petition has been filed praying for a direction to the 1 st respondent to dispose of the revision petition preferred by the petitioner and also seeking a direction to the 3 rd respondent to cancel patta dated 29.08.2024 granted to the 20 th respondent. 6.Insofar as the 1 st prayer is concerned i.e., direction to the 3 rd respondent to cancel patta dated 29.08.2024, the same is only consequential in nature and would depend upon the outcome of the revision petition and this Court is not 4/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 inclined to entertain the above request. Insofar as the 2 nd prayer is concerned i.e., direction to the 1 st respondent to dispose of the revision petition preferred by the petitioner, within a time frame to be fixed by this Court, this Court is inclined to consider. 7.At the outset, learned Additional Government Pleader would submit that the revision petition would be considered and appropriate orders would be passed in accordance with law within a time frame to be fixed by this Court. As stated by the petitioner since a stay petition is also pending consideration before the 1 st respondent, learned Additional Government Pleader would submit that the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court. 8.In view of the above and considering the facts and circumstances of the case and the limited relief sought in this Writ Petition, there shall be a direction to the respondents, to consider the matter on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing 5/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 to the petitioner, respondents 4 to 20 and any other interested parties/rival claimants, within a period of four weeks from today and dispose of the stay petition within 2 weeks. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. 07-07-2025 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No pam 6/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 To 1. District Revenue Officer, Office of the District Revenue Officer, No.62, 4 th Floor, Rajaji Salai, Beach Road, George Town, Chennai – 600 001. 2. Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ambattur Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai – 600 040. 3. Tahsildar, Office of the Aynavaram Tahsildar, 18/31, Palliarasan Street, Aspiran Garden Colony, Kumaran Nagar, Kilpauk, Chennai – 600 010. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.24482 of 2025 MOHAMMED SHAFFIQ, J. pam W.P.No.24482 of 2025 07-07-2025 8/8 https://www.mhc.tn.gov.in/judis