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Madras High CourtWP/15943/2014disposed of

Dakshinamoorthy, v. The Tahsildar

2021-08-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.15943 OF 2014 AND M.P.NO.1 OF 2014 Dakshinamurthy ... Petitioner .Vs.

1. The Tahsildar, Villupuram District

2. The Revenue Divisional Officer,

3. The President, Vadavambalam Panchayat, Vadavambalam Village,

4. The Block Development Officer, Kandamangalam Panchayat Union, ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of declaration declaring that the cancellation of patta of the petitioner in Villupuram District and Taluk, Vadavambalam Village in RS.No.417/5-Extent 00095 ares by the Revenue Divisional Officer Villupuram, the second respondent herein on 25.01.2013 without notice to the petitioner as invalid and that petitioner is entitled for declaration, declaring that he is entitled for house sites as granted originally by the I respondent. For Petitioner : Mr.B.Manimaran For Respondents For R1 & 2 : Mr.Richardson Wilson Government Advocate For R3 & 4 : No appearance

ORDER

This Writ Petition is filed to issue a writ of declaration declaring that the cancellation of patta of the petitioner in Villupuram District and Taluk, Vadavambalam Village in RS.No.417/5-Extent 00095 ares by the Revenue Divisional Officer Villupuram, the second respondent herein on 25.01.2013 without notice to the petitioner as invalid.

2. The case of the petitioner is that in the year 2010, the first respondent assigned house site patta in his favour. Thereafter, the petitioner came to understand that the patta issued in favour of the petitioner was cancelled by the second respondent in the year 2013. Therefore, the petitioner submitted his representation on 10.05.2014 though his counsel. The same was considered and the second respondent passed order on 15.05.2014 and stated that the persons who were assigned violated the conditions imposed while issuance of patta dated 29.09.2010. As per conditions imposed while issuance of patta, the beneficiaries should have constructed house within a period of one year. However, the beneficiaries did not construct any house and also found that they are not residing in the village and they are outsiders. However, the second respondent did not furnish the copy of the order dated 25.01.2013.

3. Considering the above, the second respondent is directed to furnish the copy of the order dated 25.01.2013, thereby cancelled the patta issued in favour of the petitioner, within a period of four weeks from the date of receipt of copy of this order. On receipt of the same, the petitioner is at liberty to file revision in the manner known to law before the District Revenue Officer.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To 1.

The Tahsildar,

2.

The Revenue Divisional Officer, 3.

The President, Vadavambalam Panchayat, Vadavambalam Village, 4.

The Block Development Officer, Kandamangalam Panchayat Union, +1cc to Mr.B.Manimaran, Advocate, S.R.No.40161 +1cc to the Government Pleader, S.R.No.40788 W.P.NO.15943 OF 2014 SMI(CO) PBS/08/09/2021