Chitravel v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.M.P.(MD)No.6207 of 2022 Chitravel ... Petitioner vs.
1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, 2nd Floor, Chepauk, Chennai - 600 005. 2.The District Revenue Officer, Collectorate Campus, Ramanathapuram, Ramanathapuram District.
3.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
4.The Tahsildar, Kadaladi, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to cancel the orders Na.Ka.P5/58996/2015, dated 11.03.2015, and Pa.Mu.(A6)/2614/2017, dated 28.06.2021, passed by the Respondents 2 and 3 respectively and consequently to re-issue patta in the petitioner's family members name for the properties bearing Survey Nos.120/13C, 125/3C, 78/2- Patta No.837, Survey No.78/3- Patta No.913, Survey No.78/F4- Patta No.1215, Survey No.78/6 - Patta No.1593, Survey No.78/5 - Patta No.219, Survey No.78/7- Patta No.1098, situated at S.Vagaikulam Village, Kadaladi Taluk, Ramanathapuram District.
For Petitioner :Mr.R.Murugappan For Respondents :Mr.M.Lingadurai Special Government Pleader *****
O R D E R
This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to cancel the orders, dated 11.03.2015 and 28.06.2021 passed by the second and third respondents respectively and consequently, to re-issue patta in the name of the petitioner's family members for the property in Survey Nos.120/13C, 125/3C, 78/2- Patta No.837, Survey No.78/3- Patta No.913, Survey No.78/F4- Patta No.1215, Survey No.78/6 - Patta No.1593, Survey 1/3
No.78/5 - Patta No.219, Survey No.78/7- Patta No.1098, situated at S.Vagaikulam Village, Kadaladi Taluk, Ramanathapuram District, within a time frame to be fixed by this Court. 2.According to the petitioner, the patta standing in his name has been cancelled under the aforementioned orders without issuing any notice to him and without affording any opportunity of hearing to him. The petitioner has given a representation on 15.03.2022 seeking for cancellation of the orders, dated 11.03.2015 and 28.06.2021 passed by the respondents 2 and 3 respectively and consequently, to re-issue patta in his name for the aforementioned property. Since the said representation has not been considered till date, he has filed this Writ Petition.
3.Heard Mr.R.Murugappan, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.
4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing. This Court has not expressed any opinion on the merits of the petitioner's case. 5.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 15.03.2022 seeking for cancellation of the orders, dated 11.03.2015 and 28.06.2021 passed by the respondents 2 and 3 respectively and consequently, to re-issue patta in favour of the petitioner's family members for the property in Survey Nos.120/13C, 125/3C, 78/2- Patta No.837, Survey No.78/3- Patta No.913, Survey No.78/F4- Patta No.1215, Survey No.78/6 - Patta No.1593, Survey No.78/5 - Patta No.
219, Survey No.78/7- Patta No.1098, situated at S.Vagaikulam Village, Kadaladi Taluk, Ramanathapuram District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing within a period of eight months from the date of receipt of a copy of this order.
6.With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Admin -I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr 2/3
To 1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, 2nd Floor, Chepauk, Chennai - 600 005. 2.The District Revenue Officer, Collectorate Campus, Ramanathapuram, Ramanathapuram District.
3.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
4.The Tahsildar, Kadaladi, Ramanathapuram District.
+1 CC to M/s.R. MURUGAPPAN, Advocate (SR-22037[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23075[F] dated 29/04/2022 ) Order made in W.P.(MD)No.8360 of 2022 27.04.2022 MGJ(27.05.2022) 3P 7C 3/3