Sivakumar.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH S.Sivakumar ... Petitioner Vs.
1.The District Collector, Dindigul District, Velunatchiyar Valagam, Dindigul.
2.The District Revenue Officer, O/o. District Revenue Officer, Collectorate, Dindigul.
3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sub Collector Office Road, Dindigul.
4.The Special Tahsildar, Taluk Office, Natham, Dindigul District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the 3rd respondent to expedite the proceedings in R.D.No.3615/2020 over the issue of cancel the patta of Smt.Mookayee, wife of Perumal, Sathasivam, son of Perumal and restored the land in the name of Shri Karuppusamy Temple and Water body in Revenue Record and consider the petitioner's representation dated 04.01.2021. For Petitioner : Mr.Thangachamy.P For Respondents : Mr.M.Lingadurai, Government Advocate.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third respondent to expedite the proceedings pending in R.D.No.3615/2020, wherein, the petitioner has sought for the cancellation of the patta issued in favour of one Mookayee.
2. The case of the petitioner is that the patta has been issued in favour of one Mookayee, with respect to the land belonging to the Temple and it is also classified as a water body in the revenue records. Hence, a representation was made to the third respondent to cancel the patta and the same was entertained in 1/3
R.D.No.3615/2020.
3. The grievance of the petitioner is that no enquiry has been conducted till date and hence, left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.
4. Heard Mr.P.Thangachamy, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to proceed further with the proceedings in R.D.No.3615/2020, after affording opportunity to the petitioner and Mookayee in whose name the patta stands and deal with the same on its own merits and in accordance with law and pass final orders within a period of six (6) weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.
7. The Writ Petition stands disposed of with the above directions. No costs Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 Collector, Dindigul District, Velunatchiyar Valagam, Dindigul.
2.The District Revenue Officer, O/o. District Revenue Officer, Collectorate, Dindigul.
2/3
3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sub Collector Office Road, Dindigul.
4.The Special Tahsildar, Taluk Office, Natham, Dindigul District.
+1 CC to M/s.SPL GP ( SR-22661[F] dated 15/07/2021 ) 14.07.2021 RD(20.07.2021) 3P 6C 3/3