Mayil v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.2560 of 2025 Mayil ... Petitioner vs.

1.The District Revenue Officer, O/o. District Revenue Office, Madurai.

2.The Executive Officer, Arulmigu Edaganatha Thirukovil, Thiruvengadam, Madurai.

3.The Tahsildhar, Usilampatti Taluk Office, Usilampatti, Madurai District.

... 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 relating to the impugned order passed by the first respondent in Na.Ka.No.1769464/2024/J6 dated 24.06.2024 and quash the same as illegal and consequently direct the third respondent to restore the joint patta pertains property in T.S.No.6/3A situated at Usilampatti, Madurai District in the name of joint pattadharas. 1/4

For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.C.Satheesh Government Advocate

ORDER

Heard the learned counsel on either side.

2.Though the writ petition has been filed for issuance of a Writ of Certiorarified Mandamus challenging the cancellation of joint patta dated 24.06.2024 by the first respondent/District Revenue Officer, in view of the fact that it is borne out by records that the petitioner, though one of the patta holders, was never put on notice before the said cancellation order came to be passed, on this limited ground, the writ petition is to be entertained and allowed. 3.Accordingly, this Writ Petition is allowed and the impugned order dated 24.06.2024 in Na.Ka.No.1769464/2024/J6 passed by the first respondent is set aside. However, the matter is remitted to the first respondent for conducting an enquiry after affording a fair opportunity to the petitioner and other interested parties, if any, and thereafter, decide the issue of cancellation of joint patta, in which the petitioner's name also finds place. The said exercise shall be completed by the first respondent within a period of twelve weeks from the date of receipt of 2/4

a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

10.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Revenue Officer, O/o. District Revenue Office, Madurai.

2.The Executive Officer, Arulmigu Edaganatha Thirukovil, Thiruvengadam, Madurai.

3.The Tahsildhar, Usilampatti Taluk Office, Usilampatti, Madurai District.

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P.B.BALAJI , J.

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