G.Kala, W/O.Ganesan, v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5952 of 2018 G.Kala ...
Petitioner Vs.
1. The District Revenue Officer, Madurai, Madurai District.
2. The Tahsildar, Melur Taluk, Madurai District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 2nd respondent to implement the memorandum issued by the 1st respondent in O.Mu.36348/2017/G2 dated 10/08/2017 and to carryout appropriate changes in all the revenue records in the name of the petitioner by restoring the original patta No.890 by correcting the new patta No.1785 dated 17/03/2015 by inserting the lands in S.Nos.164/4 , 164/3, 164/2 & 171/1 for an extent of 1 Hec.780 Ares, 1 Hec.640 Ares and 1 Hec.390 Ares, 0.75.5 Ares respectively situated in Pathinettankudi village, Melur Taluk, Madurai District. For Petitioner : Mr.A.Saravanan For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.
ORDER
This writ petition has been filed seeking direction to the second respondent to implement the memorandum issued by the first respondent in O.Mu.36348/2017/G2, dated 10.08.2017 and to carry out appropriate changes in all the revenue records in the name of the petitioner by restoring original patta No.890 by correcting the new patta No.1785, dated 17.03.2015 by inserting the lands in S.Nos.164/4, 164/3, 164/2 and 171/1 to an extent of 1 Hec.780 Ares, 1 Hec.640 Ares and 1 Hec.390 Ares, 0.75.5 Ares respectively situated in Pathinettankudi Village, Melur Taluk, Madurai District.
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2.According to the petitioner, she is the owner of the above mentioned properties. Earlier, a patta has been wrongly granted in favour of a third party and hence, she filed a revision before the District Revenue Officer, Madurai, the first respondent herein. The first respondent by an order dated 26.11.2013 allowed the revision and directed the Tahsildar, Melur Taluk, the second respondent herein to issue patta in favour of the petitioner. Thereafter, the second respondent issued patta only in respect of five survey numbers and refused to granted patta for the remaining survey numbers stating that they are classified as 'panchamar tharisu'. In the above circumstances, the petitioner has once again approached the first respondent and filed a revision dated 28.07.2017 to rectify the said mistake.
The revision has also been taken on file by the first respondent and the first respondent directed the second respondent to submit a detailed report by proceedings dated 10.08.2017. Thereafter, no order has been passed. Hence, the present writ petition has been filed. 3.Considering the facts and circumstances of the case and considering the fact that since the revision is pending with the first respondent, without going into the merits of the case, the first respondent is directed to consider the revision filed by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the interested parties, if any.
4.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To
1. The District Revenue Officer, Madurai, Madurai District.
2. The Tahsildar, Melur Taluk, Madurai District.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 57645 + 1 CC TO Mr.A.SARAVANAN, ADVOCATE IN SR No. 56799 SMS TE/SKN-RSK/SAR-4 : 11/04/2018 : 2P/5C Writ Petition (MD) No.5952 of 2018 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/