S.Vetriselvan v. Velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI against C.R.P. No.600 of 2023 S.Vetriselvan S/o. P.M.Santhanantham ... Applicant

Versus

1. Velmurugan, S/o. Jayapal

2. The District Collector, Collector Office Compound, Salem-1.

3. The District Revenue Officer, Collector Office Compound, Salem-1.

4. The Revenue Divisional Officer, Revenue Divisional Office, Attur Town and Taluk, Salem Dt.

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5. The Tahsildar, Taluk Office, Pethanayakkanpalayam Town and Taluk, Salem District.

6. The Village Administrative Officer, Kalyanagiri Village, Padayachiyar Village, Pethanaickanpalayam Taluk, Salem Dt.

7. The Sub-Registrar, Sub-Registrar Office, Pethanayackanpalayam Town and Taluk, Salem Dt.

8. Thandavaraya Naicker, S/o. Sadaya Naickar

9. Senthilkumar, S/o. Thandavaraya Naickar ... Respondents Prayer:- Review Application has been filed under Order 47 Rule 1 r/w Sec.114 of Civil Procedure Code, against the order of this Hon'ble Court dated 06.04.2023 in C.R.P.No.600 of 2023.

For Applicant :

Ms.C.R.Sharmila 2/5

ORDER

Today when the matter taken up for hearing, the learned counsel for applicant appeared and submitted that this Court by an order 06.04.2023 disposed of the above Civil Revision Petition. However, a portion of the order in para 3, they need some modification. Hence, he has filed this Review Application to modify the same.

2. Considering his submissions, a portion of the order in para 3 is reviewed as follows :- "So, on receipt of a complaint, enquiry was conducted by the District Revenue Officer and after due enquiry, the revenue officials cancelled the patta. So, the plaintiff as on date, has no title over the property, but he fraudulently inserted the survey No.151/32 in the Patta and obtained Patta No.128, then executed a Gift Deed, which would clearly proves that it is a manipulation of the document. But, however, as per the new amendment, Sec.77-A of Registration Act empowers the District Magistrate to conduct enquiry with regard to fraudulent 3/5

document. Already this defendant approached the registration authorities by filing an application to conduct enquiry long back much earlier in the year of 2016, so, as per the reason assigned by him, he is empowered to file an application."

3. With the aforesaid modification in a portion of order in para 3, this Review Application is disposed of. No costs.

07.09.2023 rpp 4/5

T.V.THAMILSELVI, J.

rpp against C.R.P.No.600 of 2023 07.09.2023 5/5