Madras High CourtWP/1018/2018disposed of

S.Perumal, v. The District Collector

2018-01-17Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.01.2018

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.1018 of 2018 S.Perumal ... Petitioner vs.

1. The District Collector, Salem District, Collectorate, Salem.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankari Division, Sankari, Salem District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd respondent to cancel the Patta No.759 at Kaveripatti Agraharam, Sankari Taluk in Salem District in respect of sub division of survey numbers 39/1A to 1J and reclassification as Natham lands and restore the said Patta No.759 in original position in the name of the petitioner and his brothers for an extent of 0.91.0 hectares as per the representation dated 20.11.2017 within the stipulated time limit.

For Petitioners : Mr.C.Kulanthaivel For Respondents : Mr.M.Jothi Kumar, Additional Government Pleader

O R D E R

Mr.M.Jothi Kumar, the learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal.

2. Heard both sides.

3. The grievance of the petitioner is that the extent of land shown in the original patta granted in favour of the petitioner in Patta No.759 was subsequently reduced without any https://hcservices.ecourts.gov.in/hcservices/

notice to the petitioner. Therefore, he made a representation dated 20.11.2017 to rectify the mistake.

4. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the second respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the second respondent to consider the representation of the petitioner dated 20.11.2017 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vsi To

1. The District Collector, Salem District, Collectorate, Salem.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankari Division, Sankari, Salem District.

+1cc to Mr.C.Kulainthaivel, Advocate SR.No.3433 +1cc to Government Pleader SR.No.4099 W.P.No.1018 of 2018 GN(29/01/2018) https://hcservices.ecourts.gov.in/hcservices/