Madras High CourtWP(MD)/8607/2022disposed of

Lakshmi .D v. The Revenue Divisional Officer

2022-04-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8607 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8607 of 2022 D.Lakshmi ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Sivaganga Revenue, Sivaganga District.

2.The Tahsildar, Kalayarkovil Taluka, Kalaiyarkovil, Sivaganga District.

3.V.Allakkal ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to cancel the Patta No.1647 stand in the name of the 3rd respondent in respect of the land in Survey No.41/2CB an extent of 0.15 ares of Allur Village, Kalayarkovil Taluk, Sivaganga District by considering the petitioner's representation dated 07.04.2021 within a period as stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For R1 and R2 : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the official respondents to cancel the Patta No.1647 standing in the name of the 3rd respondent in respect of the land in Survey No.41/2CB an extent of 0.15 ares of Allur Village, Kalayarkovil Taluk, Sivaganga District, by considering the petitioner's representation dated 07.04.2022, within a time frame to be fixed by this Court.

2.The petitioner seeks for cancellation of the patta, standing in the name of the third respondent, based on her representation dated 07.04.2022. The petitioner has filed documents along with this writ petition including the sale deed to show that she is the owner of the aforementioned property, for which patta has been wrongly issued in the name of the third respondent. The petitioner seeks for cancellation of patta issued in favour of the third respondent.

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W.P.[MD]No.8607 of 2022 3.Heard Mr.S.Atham Ali, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 and 2. 4.No prejudice would be caused to the first respondent, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the third respondent as well as any other necessary party, whom the first respondent deems fit to enquire. 5.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation dated 07.04.2022 seeking for cancellation of patta issued in favour of the third respondent in respect of the property comprised in Survey No.41/2CB an extent of 0.

15 ares of Allur Village, Kalayarkovil Taluk, Sivaganga District, after affording a fair hearing to the petitioner, the third respondent as well as any other necessary party, whom the first respondent deems fit to enquire, including granting them the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Revenue Divisional Officer, Sivaganga Revenue, Sivaganga District.

2.The Tahsildar, Kalayarkovil Taluka, Kalaiyarkovil, Sivaganga District.

+1 CC to M/s.SPL. GP ( SR-22976[F] dated 29/04/2022 ) order made in W.P.[MD]No.8607 of 2022 Dated:

28.04.2022 SG(CO) GC(23.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2