Madras High CourtWP(MD)/1686/2018disposed of

S.Mohamed Sehu Alaudeen v. The District Collector

2018-01-30Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.1686 of 2018 S.Mohamed Sehu Alaudeen ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3. The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

4. The Tahsildar, Keelakarai, Ramanathapuram District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents especially respondent No.2 herein to cancel the UDR Patta issued in favour of many persons over the petitioner property comprising in S.No.124/2 to the extent of 6.40 acres Thirupullani Village of Ramanathapuram District or speed up the proceeding the file No.Na.Ka.No.B6/31485/2015.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.Kanni Devan Additional Government Pleader

ORDER

This Writ Petition has been filed for seeking a direction to the respondents especially respondent No.2 herein to cancel the UDR Patta issued in favour of many persons over the petitioner property comprising in S.No.124/2 to the extent of 6.40 acres Thirupullani Village of Ramanathapuram District or speed up the proceeding the file No.Na.Ka.No.B6/31485/2015.

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2.According to the petitioner he is the owner of the property in Survey No. 124/2. Earlier he purchased the property in the year 1964 and patta was also issued in his favour. Subsequently, during the UDR scheme the patta has been wrongly issued in favour of the third parties. Hence, the petitioner filed an application before the second respondent for cancellation of patta in the year 2015 and in the above application no order has been passed so far. Hence, he filed the present Writ Petition. 3.Considering the fact that the application is pending with the second respondent from the year 2015, the second respondent is directed to conduct enquiry on the application filed by the petitioner and pass orders on merits and in accordance with law after issuing notice to the petitioner as well as to the rival claimants, if any, and also after giving opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

4.This Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3. The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.

4. The Tahsildar, Keelakarai, Ramanathapuram District.

+ 1 CC TO Mr.S.SIVAKUMAR, ADVOCATE IN SR No. 44997 TA TE/SV-MMS/SAR-3 : 19/02/2018 : 2P/6C W.P(MD)No.1686 of 2018 30.01.2018 https://hcservices.ecourts.gov.in/hcservices/