Banumathi.J v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.J.Banumathi 2.M.Dinakaran ... Petitioners vs.

1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.Karmegam 4.Jeganraj 5.Saradha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent passed in Pa.Mu.(A3)6316/2018, dated 06.01.2021 and to quash the same as arbitrary and illegal and consequently, to direct the first respondent to cancel the patta issued by the second respondent in favour to the third respondent in respect of the property in Old Survey No.22/1 and New Survey No.153/1A of Gandhi Nagar Village, Emaneswaram Group, Paramakudi Taluk, Ramanathapuram District.

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For Petitioners :Mr.K.Baalasundharam For R1 and R2 :Mr.D.S.Nedunchezhian Government Advocate For R3 to R5 :Mr.K.Navaneetha Rajan *****

O R D E R

This Writ Petition has been filed in the nature of Certiorarified Mandamus, seeking interference with the order passed by the first respondent in Pa.Mu.(A3)6316/2018, dated 06.01.2021 and for a direction to the first respondent to cancel the patta issued by the second respondent in favour to the third respondent in respect of the property in Old Survey No.22/1 and New Survey No.153/1A of Gandhi Nagar Village, Emaneswaram Group, Paramakudi Taluk, Ramanathapuram District.

2.Heard Mr.K.Baalasundharam, learned Counsel for the petitioners, Mr.D.S.Nedunchezhian, learned Government Advocate for the first and second respondents and Mr.K.Navaneetha Rajan, learned Counsel for the second to fifth respondents.

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3.Let me not enter into a detailed discussion about the merits of the case. But, it is fairly stated by the learned Counsel for the petitioners, Mr.K.Baalasundharam, that as against the order impugned, there is a revision provision available before the District Revenue Officer, Ramanathapuram.

4.The petitioners are, therefore, directed to file necessary Revision Petition before the District Revenue Officer, Ramanathapuram District. If a Revision Petition is filed on or before 31.03.2023 by the petitioners, the issue of limitation shall not be put up against the petitioners herein. The petitioners may also implead the third to fifth respondents herein as respondents in the Revision Petition. If such a Revision Petition is filed, I am confident that the District Revenue Officer will follow the necessary guidelines and pass orders within a reasonable period of time. The petitioners are permitted to raise all points, as raised in this Writ Petition before the District Revenue Officer.

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5.The Writ Petition stands disposed of. No costs. Index :Yes / No 15.03.2023 Internet :Yes NCC : Yes/No cmr To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

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C.V.KARTHIKEYAN, J.

cmr Order made in 15.03.2023 5/5