Ravikumar M v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.3119 of 2022 1.S.Ravikumar 2.S.Karthikeyan 3.M.Selvarani ... Petitioners Vs.
1.The District Revenue Officer, O/o. The District Revenue Officer, Palani - 624 601.
Dindigul District.
2.The Joint Registrar 2, O/o. Joint Registrar No.2, Palani - 624 601, Dindigul District.
3.The Sub Registrar, O/o. Sub Registrar, Udumalaipet - 642 126.
4.The Deputy Inspector General (Registration), O/o. Deputy Inspector General (Registration), Rajakampeeram, Y.Othakadai - 625 107, Madurai.
5.The Tahsildar, O/o. Tahsildar, Palani - 624 601.
Dindigul District.
6.The Village Administrative Officer, O/o. Village Administrative Officer, Palani - 624 601, Dindigul District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first to sixth respondents to consider the representation filed by the petitioner dated 03.02.2022.
For Petitioners : Mr.M.Sheik Abdullah For Respondents : Mr.J.John Rajadurai Government Advocate 1/4
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 6 to consider the petitioners' representation dated 03.02.2022 seeking for cancellation of the documents in respect of the following properties on the ground that they are all forged documents:
'a) Dindigul District, Palani Joint 2 registrar, Ward No.4, Block No.5, Chinnakadai Street, land and building located in T.S.No.173 measuring 240 sq.ft bounded with north-T.S.No.176, East-T.S.No.172, WestT.S.No.174 and South-T.S.No.697. b) Dindigul District, Kannivadi Sub registrar, Pandrimalai Village, Patta number 374 landed properties in S.F.No.166/1 measuring 1.70 acres.
c) Dindigul District, Kannivadi Sub registrar office, Pandrimalai Village landed properties S.F.No.178/1 measuring 64 cents.
d) Dindigul District, Palani Joint 2 registrar, Chithambaram Sandhu, Ward No.3, Block No.2, land and building in T.S.No.92 measuring 3206 sq.ft.
e) Dindigul District, Palani Joint I registrar, Iduman Kulam Patta No.541 in S.F.No.969/1A landed properties measuring 47 cents and Patta No.541 S.F.No.969/2B measuring 65 cents; S.F.No.980/2 measuring 2 cents & Patta number 335 S.F.No.888 nanjai landed properties measuring 1.44 acres; S.F.No.898 nanjai landed properties 43 cents; Patta No.328 in S.F.No.966 measuring 1.86 acres.
f) Dindigul District, Kannivadi Sub registrar Pandimalai Village Patta No.375 S.F.No.70/1 landed properties measuring 4.29 acres.
g) Dindigul District, Palani Joint 1 registrar, Chithambaram Santhu, Ward No.3, Block No.2, T.S.No.92 landed properties 3206 sq.ft and T.S.No.140 measuring 121.25 sq.ft and T.S.No.92 backside landed properties measuring 1090 Sq.ft.
h) Dindigul District, Palani Joint 1 registrar, Palani Town, Ward No.3, Block No.2, Ottar Street, T.S.No.141, 142 residential properties measuring 782 sq.ft.
i) Dindigul District, Palani Joint 1 registrar, Palani Village, Periyakallakattupuravi agricultural landed properties in Patta No.459, S.F.No.1226/2 punjai agricultural properties measuring 4.85 acres; Patta No.307, S.F.No.12281B1A measuring 4.45 acres; Patta No.459, S.F.No.1226/2 measuring 7.72 acres; Patta No.315, S.F.No.1229/4 measuring 3.91 acres;
S.F.No.1215/1B1 measuring 46 cents.
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j) Dindigul District, Palani Joint 2 registrar, Ward No.4, Periyakadaiveethi main road, residential properties in T.S.No.173 measuring 240 sq.ft.' Since the said representation has not been considered till date, this writ petition has been filed.
2.Heard Mr.M.SheikAbdullah, learned Counsel for the writ petitioners and Mr.J.John Rajadurai, learned Government Advocate who accepts notice on behalf of the respondents.
3.On instructions, learned Government Advocate would submit that the petitioners' representation was received by the respondents only on 15.02.2022. He would further submit that the second respondent is ready to enquire into the petitioners' representation after holding an enquiry and hearing all the necessary parties and pass final orders on merits and in accordance with law. The said statement is recorded.
4.No prejudice would be caused to the respondents if the petitioners' representation is considered on merits and in accordance with law after affording a fair hearing to the petitioners as well as the parties in whose favour presently the documents referred to by the petitioners stand and any other necessary party the first respondent deems fit to enquire. 5.Accordingly, this Court directs the first respondent to consider the petitioners' representation dated 03.02.
2022 seeking for cancellation of the documents in respect of the aforementioned properties and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioners as well as the parties in whose names the documents which the petitioners seek for cancellation presently stand and any other necessary party whom the first respondent deems fit to enquire within a period of twelve [12] weeks from the date of receipt of a copy of this order. 6.With the aforesaid direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 3/4
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Revenue Officer, O/o. The District Revenue Officer, Palani - 624 601.
Dindigul District.
2.The Joint Registrar 2, O/o. Joint Registrar No.2, Palani - 624 601, Dindigul District.
3.The Sub Registrar, O/o. Sub Registrar, Udumalaipet - 642 126.
4.The Deputy Inspector General (Registration), O/o. Deputy Inspector General (Registration), Rajakampeeram, Y.Othakadai - 625 107, Madurai.
5.The Tahsildar, O/o. Tahsildar, Palani - 624 601, Dindigul District.
6.The Village Administrative Officer, O/o. Village Administrative Officer, Palani - 624 601, Dindigul District.
+1 CC to M/s.M.SHEIK ABDULLAH, Advocate ( SR-8586[F] dated 25/02/2022 ) +1 CC to M/s.SPL GP ( SR-9199[F] dated 01/03/2022 ) 25.02.2022 RK(16/03/2022) 4P 9C 4/4