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Madras High CourtWP(MD)/6969/2023disposed of

Sudalai S v. The District Revenue Officer

2023-03-30Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.6969 of 2023 S.Sudalai ... Petitioner Vs

1. The District Revenue Officer, Madurai.

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

3. The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to restore patta in the name of the petitioner in respect of landed property in S.No.422/9 to an extent of 3 Acres which situate in Karadikal Revenue Village, Thirumangalam Taluk, Madurai District by considering the representation of the petitioner dated 24.02.2023. 1/5

For Petitioner :Mr.R.Gowrishankar For R1 to R3 :Mr.J.Ashok Additional Government Pleader

ORDER

The writ petition has been filed in the nature of mandamus, seeking direction against the respondents, particularly, the third respondent/Tahsildar, Thirumangalam Taluk, Madurai District to restore the patta in the name of petitioner, in respect of property in S.No.422/9, measuring 3 Acres at Karadikal Revenue Village, Thirumangalam Taluk, Madurai District. The petitioner had given a representation on 24.02.2023. 2.In the affidavit filed in support of the writ petition, it had been stated that the said land is in possession and enjoyment of the petitioner. However, he shifted his residence temporarily for his livelihood. Taking advantage of his absence, the revenue officials had removed the name of the petitioner in the chitta and added a third party and also stated that patta was cancelled in the year 1974, by the Revenue Divisional Officer. The petitioner claims that no notice had been issued to him before removing his name. Therefore, he had given a representation on 24.02.2023. 2/5

3.In view of the above facts, a direction is given to the third respondent to issue notice to the petitioner, examine the records and ascertain whether the revenue records originally stood in the name of the petitioner, whether notice had been issued to the petitioner, prior to the removal of his name in the revenue records. If notice was not served, give an opportunity to the petitioner to putforth his stand. If the title is still vested with the petitioner, do necessary rectification in the revenue records. The said exercise should be completed within a period of twelve weeks, from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition stands disposed of. No costs.

30.03.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The District Revenue Officer, Madurai.

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

3. The Tahsildar, Thirumangalam Taluk, Madurai District.

4/5

C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.6969 of 2023 30.03.2023 5/5