Madras High CourtWP/29181/2022disposed of

M.Narayana v. The District Revenue Officer

2022-11-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29181 of 2022 M. Narayana .. Petitioner Vs.

1. The District Revenue Officer, District Revenue Office, Erode District.

2. The Tahsildhar, Thasildhar Office, Thallavaadi, Erode District.

3. Maadevamma

4. Sennaja

5. Puttusamy

6. Rangasamy

7. Sennaji

8. Nagamma ..Respondents PRAYER:

Petition filed under Article 226 of the Constitution of 1/5

India, for issuance of Writ of Mandamus directing the respondents 1 and 2 to cancel the patta No.192 issued in favour of the respondents 3 to 8 and consequently restore the same based upon petitioner's representation dated 29.03.2022 and pass orders.

For Petitioner : Mr.N. Chinnaraj For Respondents 1 and 2 : Mr. U. Baranidharan Addi Government Pleader

O R D E R

This writ petition is filed for issuance of Writ of Mandamus directing the respondents 1 and 2 to cancel the patta No.192 issued in favour of the respondents 3 to 8 and consequently restore the same based upon petitioner's representation dated 29.03.2022.

2. The case of the petitioner is that the petitioner inherited the subject property from his father and he was in possession and enjoyment of the same and the respondents 3 to 8 arrayed herein are the legal heirs of one Mallan, who is the brother of the petitioner's deceased father. Whileso the respondents 3 to 8 illegally obtained patta in their name for the subject property. The grievance of the petitioner is that the authorities concerned without verifying the original records issued patta 2/5

to the respondents 3 to 8. Therefore, the petitioner has sent representation to the respondents to cancel the same, but the same was not considered. Hence the petitioner has filed this writ petition.

3. Since no adverse order is passed against the private respondents notice to private respondents dispensed with.

4. The learned counsel for the petitioner submits that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 29.03.2022 within a stipulated time as fixed fixed by this Court. Hence prays this Court for appropriate orders.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 29.03.2022 in terms of Section 10 of Patta Pass 3/5

Book Act,1983 and pass orders after affording reasonable opportunity of hearing to the petitioner as well as the private respondents, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above terms, this present writ petition is disposed of. No costs.

04.11.2022 smn Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The District Revenue Officer, District Revenue Office, Erode District.

2. The Tahsildhar, Thasildhar Office, Thallavaadi, Erode District. | 4/5

M.DHANDAPANI,J.

smn W.P.No.29181 of 2022 04.11.2022 5/5