Maharajan v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Maharajan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai - 20.

3.The Revenue Divisional Officer, Madurai North Revenue Divisional Office, Madurai - 20.

4.The Tahsildar, Madurai North Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to restore the original Survey No.14/5 at Kannikudi Village, Madurai North Taluk as per the registered deed No.1942 of 1990 on the file of the Sub Registrar, Thamaraipatti dated 26.09.1960 and cancel the Survey No.14/9 and 14/3A1A at 1/4

Kannikudi Village, Madurai North Taluk, based on the petitioner's representations dated 22.12.2020.

For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This Writ Petition is filed for Mandamus, directing the respondents to restore the original Survey No.14/5 at Kannikudi Village, Madurai North Taluk as per the registered deed No.1942 of 1990 on the file of the Sub Registrar, Thamaraipatti dated 26.09.1960 and cancel the Survey No.14/9 and 14/3A1A at Kannikudi Village, Madurai North Taluk, based on the petitioner's representations dated 22.12.2020.

2. The contention of the petitioner is that the respondents have changed the survey number without giving any notice. The contention of the petitioner is that he is the owner of the property for more than 60 years. Inspite of the same, without giving notice to the petitioner, the respondents have unilaterally changed the survey number in patta. Therefore, the impugned order is quashed. The respondents are directed to restore the original survey number in the name 2/4

of the petitioner. In case there are rival claimants, the respondents shall issue notice to the petitioner as well as the rival claimants and thereafter consider and pass orders.

3. In view of the above, this Writ Petition is allowed. There shall be no order as to costs.

21.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai - 20.

3.The Revenue Divisional Officer, Madurai North Revenue Divisional Office, Madurai - 20.

4.The Tahsildar, Madurai North Taluk, Madurai District.

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S.SRIMATHY, J.

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