Athilingam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.2545 of 2024 Athilingam ... Petitioner Vs.

1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

4.The President, Naranapuram Village Panchayat, Sivakasi Taluk, Virudhunagar District.

... Respondents 1/4

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 relevant records pertaining to the third respondent order, dated 03.01.2024 passed in petitioner's Application No. 2023/0105/26/343777 and quash it as illegal and subsequently direct the third respondent to issue revised patta to the land purchased by the petitioner through the registered sale deed registered in Document No. 354/2003 dated 10.02.2003 with Sub Registrar, Thiruthangal.

For Petitioner : Mr.S.Veerapandiselvaraj For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The patta that stood in the name of the petitioner was cancelled. The prayer made by the writ petitioner is for issuance of revised patta. 3.It is seen from the materials enclosed in the typed set of papers that the petitioner purchased 4 cents of land vide sale deed dated 10.02.2003 from one Muthukumar. It is also seen that Muthukumar was having patta in his name. Therefore, the petitioner's request cannot be 2/4

rejected by the third respondent. The impugned order has been passed without holding a proper enquiry.

4.In this view of the matter, the impugned order is set aside. The matter is remitted to the file of the third respondent. The petitioner shall appear before the third respondent on 23.04.2024 at 03.00 p.m. The petitioner shall place all the materials in his favour before the third respondent. The third respondent shall take them into account and pass an appropriate order on merits and in accordance with law within a period of three weeks thereafter. The petitioner will also be served with a copy of the order to be passed by the third respondent. 5.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Revenue Officer, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi, Virudhunagar.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

4.The President, Naranapuram Village Panchayat, Sivakasi Taluk, Virudhunagar District.

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