Muniyandi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Muniyandi ... Petitioner /Vs./

1. The District Revenue Officer, Dindigul District, Dindigul.

2. The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

3. Perumal

4. Sasikala

5. Sathiyapriya

6. K.S.Sekar

7. N.Abishek ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to cancel the UDR Patta on the name of the 3rd respondent and further directing the 2nd respondent to issue the patta to the petitioner with regard to property in Survey No.1144/2A situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District, based on the petitioner's representation dated 14.02.2022. For Petitioner : Mr.G.Gomathi Sankar For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the first respondent to cancel the UDR patta in the name of the third respondent and further direct the second respondent to issue patta to the petitioner with regard to the property in S.No.1144/2A situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District, based on the petitioner's representation dated 14.02.2022.

2.It is the case of the petitioner that he is the owner of the aforementioned property. But, however, according to him, subsequent to the UDR survey, the UDR patta for the very same property has been issued in the name of the third respondent. Therefore, he has given a representation on 14.02.2022 seeking for cancellation of patta 1/3

issued in favour of the third respondent. Since the representation has not been considered till date, he has filed this writ petition. 3.Heard Mr.G.Gomathi Sankar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the official respondents. 4.The petitioner has produced before this Court the documents in respect of his contention that he is the owner of the aforementioned property. He has filed patta, Adangal, settlement chitta standing in his name. However, his contention is that after the UDR survey, erroneously patta has been issued for the very same property in favour of the third respondent. He has given a representation on 14.02.2022 seeking for cancellation of the UDR patta issued in favour of the third respondent. 5.No prejudice will be caused to the official respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and the respondents 3 to 7 and other rival claimants, if any.

6.Accordingly, this Court directs the first respondent to consider the petitioner's representation dated 14.02.2022 seeking for cancellation of the UDR patta issued in the name of the third respondent for the property in S.No.1144/2A situated at Palayam Village, Gujiliyamparai Taluk, Dindigul District and direct the second respondent to issue patta in favour of the petitioner and pass final orders, within a period of twelve (12) weeks form the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the respondents 3 to 7 and other rival claimants, if any.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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.

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To

1. The District Revenue Officer, Dindigul District, Dindigul.

2. The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-9993[F] dated 04/03/2022 ) +1 CC to M/s.SPL GP ( SR-10341[F] dated 07/03/2022 ) Dated:

04.03.2022 RK(21/03/2022) 3P 5C 3/3