Petchiyappan.P v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH P.Petchiyappan ... Petitioner Vs.

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

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

4.S.Murugandi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the UDR patta and to issue fresh patta in S.F.No.493/5, Kothaimangalam Village, Palani Taluk, Dindigul District, based on the petitioner's representation, dated 24.11.2020, within the time stipulated by this Court. For Petitioner : Mr.S.Karthik For Respondents : Mr.K.P.Narayanakumar for R1 to R3 Special Government Pleader

ORDER

This Writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner, on 24.11.2020, wherein, the petitioner has sought for the cancellation of the UDR patta and to issue a fresh patta in the name of the temple.

2.The petitioner is the trustee of Arulmighu Ramar Temple & Kambam Periyakaruppasamy Temple in Kothaimangalam Village, Palani Taluk, Dindigul District. The case of the petitioner is that the 4th respondent has managed to obtain a patta for S.F.No.493/5 in his 1/3

name and according to the petitioner, the patta has been issued in his name without any right or title.

3.A representation was made by the petitioner to the respondents and the second respondent through letter, dated 27.11.2020, directed the third respondent to conduct an enquiry and submit a report. On receipt of the same, the third respondent conducted an enquiry and objections were also filed by the parties. The grievance of the petitioner is that there is absolutely no progress in the proceedings and left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.Heard Mr.S.Karthik, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader for the respondents.

5.Taking into consideration the facts and circumstances of this case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to complete the enquiry after hearing the petitioner and the fourth respondent and submit a report before the first respondent, within a period of four weeks from the date of receipt of a copy of this order. The first respondent on receipt of the report shall pass final orders strictly in accordance with law, within a period of six weeks thereafter. 6.The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and a copy of this order. A copy of the representation shall also be marked to the first respondent.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CSI) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

TM 2/3

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

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Palani Taluk, Dindigul District.

+1 CC to M/s.S.KARTHIK, Advocate ( SR-18313[F] dated 03/05/2021 ) 30.04.2021 GS (9.06.2021) 3P 5C 3/3