Sundararaju v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Sundararaju . . . Petitioner Vs.

1. The District Revenue Officer, Namakkal District, Namakkal

2. The Revenue Divisional Officer, Namakkal

3. The Tahsildar, Senthamangalam Taluk, Namakkal District. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or order or Direction in the nature of writ directing the 1st respondent to pass appropriate order on the representation/petition submitted by the petitioner dated 29.06.2022 for cancellation of patta within a reasonable time as fixed by this Court. 1/6

For Petitioner : M/s.S.Sivakumar For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the 1st respondent to consider the representation dated 29.06.2022 submitted by the petitioner seeking cancellation of patta and pass appropriate orders on same within the reasonable time that may be stipulated by this Court.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

3. It is the case of the petitioner that he was given a general power of attorney by his principal namely Elango, in respect of the subject property, based on which, the petitioner is in possession of the property. The said property was originally purchased by petitioner's principal by way of a sale deed for a valid sale consideration. Such being the position,patta 2/6

was transferred by the revenue authority in favour of Kakkalai Samudhaya Tharkaliga Nattamai, against which, the petitioner filed a petition seeking cancellation of patta, before the 3rd respondent, however, the same was rejected with a direction to the petitioner to file a revision petition before the 1st respondent and accordingly, the petitioner filed a revision petition dated 29.06.2022 before the 1st respondent. However, till date, the same has not been considered. Hence, the present petition has been filed.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to pass appropriate orders on the revision petition dated 29.06.2022 filed by the petitioner within the time that may be stipulated by this Court.

5. On the above contentions, this Court, heard the learned Additional Government Pleader appearing for the respondents who has no objection to the said order being passed.

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6. In view of the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 1st respondent/District Revenue Officer to consider the revision petition dated 29.06.2022 made by the petitioner and pass appropriate orders on the same, in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

29.11.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The District Revenue Officer, Namakkal District, Namakkal

2. The Revenue Divisional Officer, Namakkal

3. The Tahsildar, Senthamangalam Taluk, Namakkal District.

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M.DHANDAPANI, J.

NHS 29.11.2022 6/6