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CDJ 2026 MHC 2702
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| Court : High Court of Judicature at Madras |
| Case No : WP No. 11721 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE |
| Parties : Ganesan Versus The District Collector, Salem & Others |
| Appearing Advocates : For the Petitioner: A. Ashok Kumar, Advocate. For the Respondents: S. Arumugam, Government Advocate. |
| Date of Judgment : 07-04-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- Cancellation of patta
- Survey and demarcation
- Fresh representation
- Competent authority
- Suo motu impleadment
- Time frame fixed by Court
3. Summary:
The petitioner seeks cancellation of patta No.967 issued to Amudha and a survey of the land. The respondents argue that the petitioner must make a fresh representation to the Revenue Divisional Officer, Mettur, who is the competent authority. The Court, exercising suo motu powers, impleads the Revenue Divisional Officer as the sixth respondent. It directs the petitioner to submit a fresh representation within two weeks, after which the sixth respondent shall pass orders within 12 weeks, hearing objections. Post‑cancellation, the second and fifth respondents are ordered to issue notices and conduct the survey within stipulated periods. No costs are awarded, and the Court does not opine on the merits of the representation.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: Directing the respondent 2 and 3 to conduct proper enquiry and survey of the land bearing S.No.68/3 and S.No.68/3B and dispose of the proceeding in Na.Ka.1870/2025/R dated 30.4.2025 seeking cancellation of patta bearing No.967 within a stipulated time as fixed by this Hon'ble Court.)
1. This writ petition has been filed to direct respondents 2 and 3 to cancel the patta, standing in the name of one Amudha for the property, morefully disclosed in the affidavit filed in support of this writ petition and thereafter survey the land, based on the petitioner’s representation dated 10.02.2026, within a time frame to be fixed by this Court.
2. According to the petitioner, erroneously patta No.967 has been issued by respondents 2 and 3 in favour of one Amudha for the property, morefully disclosed in the affidavit filed in support of this writ petition. The petitioner seeks for cancellation of the same and he also seeks for survey of the land. The petitioner had given a representation on 10.02.2026 to respondents 2 and 3 for the aforesaid purpose. Since the same has not been considered till date, the petitioner has filed this writ petition.
3. Mr.S.Arumugam, learned Government Advocate accepts notice on behalf of the respondents. He would submit that the petitioner will have to give a fresh representation to the Revenue Divisional Officer, Mettur, who is the competent authority to cancel the patta.
4. Learned counsel for the petitioner would now submit that the petitioner is willing to submit a fresh representation to the newly impleaded sixth respondent seeking for cancellation of patta standing in the name of one Amudha for the property, morefully disclosed in the affidavit filed in support of this writ petition, within a time frame to be fixed by this Court.
5. The competent authority to cancel patta is the Revenue Divisional Officer, Mettur. Since the competent authority to adjudicate the petitioner’s representation seeking for cancellation of patta standing in the name of one Amudha is the Revenue Divisional Officer, Mettur, this Court, by exercising its suo motu powers, impleads the Revenue Divisional Officer, Mettur as the party sixth respondent in this writ petition. Registry is directed to carry out the necessary amendment.
6. No prejudice would be caused to the respondents if the petitioner’s representation, as stated supra, is considered, on merits and in accordance with law and respondents 2 and 5 are directed to survey and demarcate the boundaries of the petitioner’s property, morefully described in the prayer to this writ petition, after hearing the objections of one Amudha and any other third party whom the sixth respondent deems it fit to enquire, within a time frame to be fixed by this Court.
7. This Court is not expressing any opinion on the merits of the petitioner’s representation.
8. For the foregoing reasons, this writ petition is disposed of by directing the petitioner to submit a fresh representation to the newly impleaded sixth respondent seeking for cancellation of patta standing in the name of Amudha for the property, morefully disclosed in the affidavit filed in support of this writ petition within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation within the stipulated time, the sixth respondent shall pass final orders, on merits and in accordance with law, after hearing the objections of Amudha and any other third party whom the sixth respondent deems it fit to enquire, within a period of 12 weeks thereafter.
9. After cancellation of patta standing in the name of one Amudha, before surveying the lands in question, the second respondent is directed to issue notice to Amudha, the neighbouring land owners, if any and also to any other party whom the second respondent deems it fit to put on notice and after receiving objections if any and after considering the same, the fifth respondent shall conduct survey and demarcate the boundaries of the property, morefully described in the prayer to this writ petition, on merits and in accordance with law, within a period of 12 weeks thereafter. No costs.
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