E.M.V.M.Banumathi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.(MD).No.1496 of 2024 E.M.V.M.Banumathi ... Petitioner vs.

1.The District Revenue Officer, Collectorate, Sivagangai.

2.The Revenue Divisional Officer, Devakoatti, 3.The Tahsildar, Karaikudi Taluk, 4.The Executive Officer, Puduvayal Town Panchayat, Karaikudi Taluk, 5.The District Registrar (Administration), Karaikudi Registration District, Karaikudi, 6.The Joint 1 Sub Registrar, Sub Registrar Office, Opposite to Fire Service Station, 1/6

Karaikudi Town, Sivangai District.

7.Mr.E.M.V.M.Viswanathan Chettiar 8.Ms.Janani Visalakshi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent herein to cancel the Patta No.628 issued to the 7th respondent herein and subsequent Patta No.2744 issued to the 8th respondent, after conducting due enquiry, based on the petitioner's representation dated 05.01.2024, in accordance with law, within the time limit as fixed by this Court.

For Petitioner : Mr.K.K.Samy For R1 to R3 : Mr.P.Thambidurai Government Advocate For R4 : Mr.S.Shanmugavel Additional Government Pleader For R5 & R6 : Mr.C.Satheesh Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the second respondent to cancel the Patta No.628 issued to the 7th respondent and subsequent Patta No.2744 issued to the 2/6

8th respondent, after conducting due enquiry, based on the petitioner's representation dated 05.01.2024.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, she has made an application to the respondents 1 and 2 on 05.01.2024, seeking for cancellation of patta transferred in favour of the 7th respondent. Based on the said application, the second respondent fixed the date of hearing on 01.02.2024. In the mean while, the 8th respondent herein has preferred an application to the fourth respondent to approve the lay out and thereby make further complication in this issue. Hence, the petitioner has filed the present writ petition.

4. The learned Government Advocate appearing for the respondents 1 to 3 would submit that already the second respondent has fixed the date of hearing on 01.02.2024 and they will hold an enquiry and pass appropriate orders.

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5. Considering the above said submissions, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's application dated 05.01.2024 and pass appropriate orders, on merits and in accordance with law, after holding an enquiry, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court is not inclined to accept the claim made by the petitioner.

6. With the above direction, this Writ Petition is disposed of. No costs.

24.01.2024 akv To 1.The District Revenue Officer, Collectorate, Sivagangai.

2.The Revenue Divisional Officer, Devakoatti, 4/6

3.The Tahsildar, Karaikudi Taluk, 4.The Executive Officer, Puduvayal Town Panchayat, Karaikudi Taluk, 5.The District Registrar (Administration), Karaikudi Registration District, Karaikudi, 6.The Joint 1 Sub Registrar, Sub Registrar Office, Opposite to Fire Service Station, Karaikudi Town, Sivangai District.

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V.BHAVANI SUBBAROYAN ,J.

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