Shahul Hammed, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.2 and 3 of 2013 Shahul Hameed ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Thiruvidaimaruthur Taluk, 5.The Sub-Registrar, Sub-Registrar's Office, Mayiladuthurai Main Road, Thiruvidaimarudhur, 1/6

6.The District Registrar, District Registrar's Office, Dr.Moorthy Road, 7.T.E.K.M.Jamal Mohamed ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impurgned order of third respondent in proceedings No.ep.K.Nk.e.j.g 423/06 3 dated ....08.2006 and quash the same consequently direct the Respondents 2 to 4 to issue separate patta to the petitioner in respect of the Survey Nos.70/8, 137/1, 137/4A and 137/11A in Thirumangalakudi village, Thiruvidaimaruthur Taluk, For Petitioner : Mr.B.Jameel Arasu For R1 - R4 : Mr.A.Baskaran Additional Government Pleader For R5 & R6 : Mr.S.R.H.Ramachandran Additional Government Pleader For R7 : Mr.P.Krishnasamy 2/6

ORDER

The present writ petition has been filed challenging an order passed by the third respondent herein, under which the seventh respondent's name was also included in the patta and a joint patta has been issued.

2. According to the petitioner, he is the exclusive owner of the property in dispute based upon a registered settlement deed, dated 09.11.1951. However, the seventh respondent herein has approached the third respondent for inclusion of his name in the patta. Without issuing any notice to the petitioner, the appeal has been entertained by the third respondent and the name of the seventh respondent has been included in the joint patta. The said order is under challenge in the writ petition.

3. According to the learned counsel for the petitioner, the third respondent has passed the impugned order without issuing any notice to the writ petitioner in whose name separate patta was standing.

4. In view of the above said facts, the order impugned in the writ 3/6

petition is set aside. The matter is remitted back to the file of the third respondent. The third respondent shall pass orders on merits and in accordance with law, after giving due opportunity to the writ petitioner and the seventh respondent herein. The above said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

07.09.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4/6

4.The Tahsildar, Thiruvidaimaruthur Taluk, 5.The Sub-Registrar, Sub-Registrar's Office, Mayiladuthurai Main Road, Thiruvidaimarudhur, 6.The District Registrar, District Registrar's Office, Dr.Moorthy Road, 5/6

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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