M.Thangadurai v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and M.P.Nos.1 of 2014 (5) W.P.No.20888 of 2014 M.Thangadurai ... Petitioner Vs.

1. The District Revenue Officer, Vridachalam, Cuddalore District.

2. The Revenue Divisional Officer, Vridachalam, Cuddalore District.

3. The Tahsildar, Thittkudi Taluk, Cuddalore District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the second respondent from cancelling he patta given in favour of the petitioner for the land in Survey No.162/14 at Vadagarampoondi Village, Thittakudi Taluk, Cuddalore District, without conducting a detailed enquiry and without giving a reasonable opportunity to the petitioner.

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For Petitioners (in all W.P.s) : Mr.Mr.Selvaraj For Respondents (in all W.P.s) : Mr.U.Bharanidharan Additional Government Pleader C O M M O N O R D E R Since the issue involved in the present Writ Petitions are one and the same they are disposed of by way of this common order.

2. The case of the petitioners is that they are in possession and enjoyment of the ancestral properties in S.No.162/10 situated in Vadagarampoondi Village, Tittakudi Taluk. Since they are occupying their respective shares in S.No.162/10, the third respondent pusuant to the application given by the petitioners and their family members, granted assignment patta for the properties in S.Nos.162/11, 162/12, 162/13, 162/14 and 162/15 in their favour respectively. While that being so, the second respondent vide order dated 30.08.2013, cancelled the patta given in favour of the petitioners and their family members. Pursuant to the said order, the petitioners has preferred Revision petition before the first respondent, after conducting enquiry the first respondent passed the order dated 10.12.2013, setting aside the order passed by the second respondent dated 30.08.2013 and remanded the mater to the second respondent to conduct enquiry and 2/5

pass appropriate orders. Since the said order dated 10.12.2013 passed by the first respondent was not complied with by the second respondent, the petitioners have filed the present Writ Petitions seeking the aforesaid releifs.

3. The learned counsel for the petitioners submits that it would suffice, if this Court issues direction to the second respondent to implement the order dated 10.12.2013 passed by the first respondent, if not already implemented within the time frame that may be fixed by this Court.

4. Learned Additional Government Pleader appearing for respondents has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the limited request of the petitioners, this Court, without going into the merits of the case, directs the second respondent to implement the order dated 10.12.2013 passed by the first respondent, if not already implemented within a period of twelve weeks from the date of receipt of a copy of this order.

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7. Accordingly, these Writ Petitions are disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petitions are closed.

29.09.2022 Index : Yes / No Speaking order : Yes / No RAP To

1. The District Revenue Officer, Vridachalam, Cuddalore District.

2. The Revenue Divisional Officer, Vridachalam, Cuddalore District.

3. The Tahsildar, Thittkudi Taluk, Cuddalore District.

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M.DHANDAPANI, J.

RAP W.P. Nod.20888, 20891, 20892, 20889 and 20890 of 2014 29.09.2022 5/5