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Madras High CourtWP/2969/2020disposed of

B.Umadevi v. The District Collector,

2023-10-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.10.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.2969 of 2020 and W.M.P.Nos.3462 and 3463 of 2020 B.Umadevi .. Petitioner

Versus

1. The District Collector, Coimbatore District, Coimbatore.

2. The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore.

3. The Tahsildar, Annur Taluk, Annur, Coimbatore District.

4. The Zonal Deputy Tahsildar, Annur Taluk, Annur, Coimbatore District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of 4th respondent in his office proceedings Ref.TR 2019/0103/12/161593 TR dated 04.03.2019, quash the same and direct the respondents to restore the petitioner's name in the 1/5

revenue records such as Patta, Chitta, Adangal etc with respect to the lands measuring 1.20 acres comprised in a S.No.290/1B1, Vellanaipatti Village, Annur Taluk, Coimbatore District within time that may be fixed by this Court.

For Petitioner : Mr.P.Mani For Respondents : Mr.V.Veluchamy, Additional Government Pleader ******

O R D E R

The writ petition has been filed seeking to quash the proceedings of 4th respondent in Ref.TR 2019/0103/12/161593 TR dated 04.03.2019 with respect to the lands measuring 1.20 acres comprised in a S.No.290/1B1, Vellanaipatti Village, Annur Taluk and to restore the patta in his name Learned counsel appearing for the writ petitioner submitted that previously patta for the lands measuring 1.20 acres comprised in a S.No.290/1B1, Vellanaipatti Village, Annur Taluk, stood in the name of the writ petitioner after his purchase. But, subsequently without any notice or enquiry, patta was transferred to his vendor's name. Therefore 2/5

the writ petitioner is before this Court seeking to quash the same and to restore the patta in his name.

Learned Additional Government Pleader for the respondents would submit that based on the on-line application and the documents available , patta has been transferred. However, the learned Additional Government Pleader fairly conceded that there is no records to show that notice was issued to both the parties and enquiry was conducted. Under these circumstances, this Court is inclined to set aside the impugned order passed by the fourth respondent.

Accordingly, the impugned order is set aside and the respondent concerned is directed to issue notice to the writ petitioner and his vendor, on whose name the patta stands now and after giving opportunity to both the parties, pass orders on merits in accordance with law.

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With the above directions, the writ petition is disposed of. Consequently connected miscellaneous petitions are closed. No costs. 09.10.2023 Index: Yes/No Internet: Yes/No cgi To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore.

3. The Tahsildar, Annur Taluk, Annur, Coimbatore District.

4. The Zonal Deputy Tahsildar, Annur Taluk, Annur, Coimbatore District.

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P.VELMURUGAN, J., cgi W.P.No.2969 of 2020 and W.M.P.Nos.3462 and 3463 of 2020 09.10.2023 5/5