Madras High CourtWP(MD)/1499/2018disposed of

Sundarraj, v. The District Revenue Officer,

2019-04-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1499 of 2018 and W.M.P.(MD)Nos.1570, 1571 and 4331 of 2018 Sundarraj ... Petitioner Vs 1.The District Revenue Officer, Maduri District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.Packia Thevar 5.M.Mahalingam 6.M.Kaliyappan 7.K.Veeranan 8.V.Samayan 9.V.Balamurugan 10.V.Murugan 11.M.Guruvammal 12.P.Paravathi 13.G.Arumugam 14.M.Saravanakumar 15.S.Subulakshmi 16.M.K.Palani Murugan 17.V.Gurusamy 18.V.Katturaja 19.S.Vaalachinnu 20.G.Samayasundaram 21.K.Lakshmi 22.K.Vellachamy 23.K.Petchi 24.M.Murugan 25.M.Pandi 26.P.Mahadevan 27.S.Komalingam 28.S.Kuruvammal 29.M.Balamurugan 30.R.Muthukumar

31.R.Alagarsamy 32.A.Theivanai 33.L.Malaichamy 34.K.Sakkammal 35.M.Rajalakshmi 36.S.Senthil 37.S.Sethuraman ... Respondents (R5 to R37 are impleaded vide Court order dated 01.04.2019 in W.M.P.(MD)No.5518 of 2018 in W.P. (MD)No.1499 of 2018) PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the 1st respondent vide his proceedings in Na.Ka.No.40590/2017/G5, dated 31.08.2017 and quash the same as illegal, consequently direct the respondents to drop all further proceedings relating to cancel the Patta of the petitioner in Patta Number 2667 on the file of the 3rd respondent without issuing any notice to the petitioner.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Karuppasamy Government Advocate for R1 to R3 : Mr.S.Pakalavan for R5 to R37

ORDER

Heard the learned counsel on either side.

2.The revenue records in respect of the subject property stand in the name of the writ petitioner. Seeking its cancellation and for entering their names, the private respondents herein submitted an application. The application is presently pending before the second respondent. The second respondent is directed to conduct an enquiry and after hearing both the parties, and take a decision in accordance with law within a period of fourth months from the date of receipt of a copy of this order. It is made clear that the second respondent will not in any way be guided or swayed by the communication bearing Na.Ka.No.40590/2017/G5, dated issued by the District Revenue Officer, Madurai.

3.With this clarification, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS )

To:

1.The District Revenue Officer, Maduri District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

+1cc to Mr.T.S.Mohamed Mohindeen, Advocate, SR.No.58879 +1cc to Special Government Pleader, SR.No.59295 +1cc to Mr.T.Vadivelan, Advocate, SR.No.59450 W.P.(MD)No.1499 of 2018 04.04.2019 SP/22.04.2019/3P/7C