S.Jegathampal, v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.2386 of 2014 S.Jegathampal ... Petitioner Vs

1. The Revenue Divisional Officer, Kallakurichi

2. The Tahsildar, Kallakurichi, 3.Ramayee 4.Kolanchiappan (R3 and 4 impleaded as per order passed by this Court dated 6.2.14 in MP.No.1 of 2014 in WP.No.2386 of 2014) ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the representation of the petitioner dated 23.01.2012 for cancellation of the UDR patta issued to Ramayee and others and Pichaikkaran for the lands obtaining to the petitioner measuring about 12 cents in survey no.121/1 (22 cents) in S.No.122/1 situated at Periyammapattu Village, Kallakurichi Taluk, Villupuram District. For Petitioner : Mr.K.C.Karl Marx for Mr.V.Vadivel For Respondents For R1 to 2 : Mr.Richardson Wilson, Government Advocate For R3 : Mr.V.Shivalingam for M/s.Siva Associates R4 : died(steps due)

ORDER

This Writ Petition is filed to direct the 2nd respondent to consider the representation of the petitioner dated 23.01.2012 for cancellation of the UDR patta issued to Ramayee and others and Pichaikkaran for the lands obtaining to the petitioner measuring about 12 cents in survey no.121/1 (22 cents) in S.No.122/1 situated at Periyammapattu Village, Kallakurichi Taluk, Villupuram District.

2.The learned counsel for the petitioner would submit that the sole petitioner died and yet to implead the legal heirs of the petitioner.

3. However, the writ petition has been filed for direction directing the second respondent to consider his representation dated 23.01.2012 for cancellation of UDR patta issued in favour of the respondents 3 and 4 herein. To cancel the patta, revision has to be filed before the Sub Collector or Revenue Divisional Officer. Therefore, the legal heirs of the deceased petitioner are at liberty to file appeal before the authority concerned i.e. the first respondent or Sub Collector to cancel the patta granted in favour of the respondents 3 and 4. On receipt of the same, the authority concerned is directed to issue notice to the parties concerned and after giving opportunity of hearing, pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

4. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar lok To

1. The Revenue Divisional Officer, Kallakurichi

2. The Tahsildar, Kallakurichi, +1cc to Mr.V.Vadivel, Advocate SR.No.37670 +1cc to M/s.Siva Associates, Advocate SR.No.37896 +1 cc to Special Government Pleader SR.No.38088 WP.No.2386 of 2014 PCH(CO) CT(27/08/2021)