Gracemani .K v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Gracemani .. Petitioner Vs.
1.The Revenue Divisional Officer, Thirumangalam Sub Division, Thirumangalam, Madurai District.
2.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
3.The Village Administrative Officer, Urappanur I Bit Village, Thirumangalam Taluk, Madurai District.
4.D.Dhanuskodi 5.D.Ganeshbabu 6.Hemalatha 7.Radhika 8.Geetha 9.Thara 10.Anitha Selvarani 11.Sathyavathi 12.Manjula ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st to 3rd respondents on the basis of the petitioner's representation, dated 16.04.2022, to cancel the patta No.2767 in the names of 4th to 12th respondents, within the stipulated time period fixed by this Court. For Petitioner : Mr.R.Sundar For Respondent : Mr.D.Sasikumar for R1 to R3 Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the first and third respondents to consider the petitioner's representation, dated 16.04.2022, seeking for 1/3
cancellation of patta No.2767 standing in the name of the respondents 4 to 12, within a time frame to be fixed by this Court. 2.Heard Mr.R.Sundar, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3. 3.The petitioner claims that illegal patta in patta No.2767 has been issued in the name of the respondents 4 to 12. According to the petitioner, she is the owner of the property involved in patta No.2767. The petitioner has filed documents along with the writ petition to substantiate her claim that she is the owner. The petitioner seeks for cancellation of patta issued in favour of the respondents 4 to 12. The petitioner has given a representation to the official respondents on 16.04.2022, seeking for cancellation of patta No.2767, presently standing in the name of respondents 4 to
12. Since the representation of the petitioner has not been considered till date, she has filed this writ petition. 4.The representation of the petitioner, dated 16.04.2022 is treated as statutory appeal by this Court. No prejudice will be caused to the respondents, if the petitioner's statutory appeal is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, respondents 4 to 12 and any other party, whom the first respondent deems fit to enquire, within a time frame to be fixed by this Court.
5.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation, dated 16.04.2022, which is treated as a statutory appeal by this Court, within a period of four months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner, the respondents 4 to 12 and any other necessary party, whom the first respondent deems fit to enquire, including granting them the right of personal hearing.
6.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3
To 1.The Revenue Divisional Officer, Thirumangalam Sub Division, Thirumangalam, Madurai District.
2.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
3.The Village Administrative Officer, Urappanur I Bit Village, Thirumangalam Taluk, Madurai District.
+1 CC to M/s.SPL. GP ( SR-23042[F] dated 29/04/2022 ) 28.04.2022 MK/19.05.2022/3P/5C 3/3